October 16, 2024 | New York Law Journal
No-Fault Insurance Law Wrap-Up: Recent Decisions Concerning New York's MVAIC CoverageThis article provides a summary of recent decisions concerning MVAIC coverage.
By David M. Barshay and Steven J. Neuwirth
9 minute read
August 15, 2024 | New York Law Journal
No-Fault Insurance Law Wrap-Up: Recent Decisions Concerning Arbitration Awards"In this edition of the No-Fault Wrap-Up, we discuss several recent court decisions concerning no-fault arbitration awards," write David M. Barshay and Steven J. Neuwirth.
By David M. Barshay and Steven J. Neuwirth
12 minute read
June 24, 2024 | New York Law Journal
Post-EUO Verification RequestsA no-fault insurer is entitled to request from an applicant any additional verification it deems necessary to process the claimant's claim. "The insurer is entitled to receive all items necessary to verify the claim directly from the parties from whom such verification was requested.
By David M. Barshay and Steven J. Neuwirth
13 minute read
April 12, 2024 | New York Law Journal
Motor Scooters and No-Fault Insurance CoverageMotorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.
By David M. Barshay and Steven J. Neuwirth
12 minute read
August 09, 2023 | New York Law Journal
Multiple EUO No-Shows: Timely Denial in Recent CaseAn insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form.
By David M. Barshay and Steven J. Neuwirth
12 minute read
April 13, 2022 | New York Law Journal
Post-Judgment Interest Continues To Accrue at 2% Per MonthThe accrual of interest can certainly add up, and will surpass the principal amount after a little more than four years under the current (simple interest) regulations and after three years under the old (compound interest) regulations.
By David M. Barshay and Steven J. Neuwirth
11 minute read
June 09, 2021 | New York Law Journal
Limit on Attorney Fees, Unintentional Waiver, Question of PrejudiceIn this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth discuss some recent notable opinions, including a case in which a Florida court denied a request for additional attorney fees; another where plaintiff's acceptance of a check resulted in unintentional waiver of claims; and another where an appellate court agreed that plaintiff's case should be dismissed, but left open the issue of whether the dismissal was with or without prejudice.
By David M. Barshay and Steven J. Neuwirth
10 minute read
April 07, 2021 | New York Law Journal
A Policy Exhaustion Refresher and Questions of Applicable Law, DiscoverabilityIn this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth provide an update on a prior split between the Appellate Terms in the First and Second Departments concerning exhaustion of the policy limits, and discuss decisions involving conflicts of law and discoverability of a special investigative unit (SIU) file, respectively.
By David M. Barshay and Steven J. Neuwirth
10 minute read