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IME Watchdog v. Baker, McEvoy, Morrissey & Moskovits, P.C.

IME Watchdog advertises themselves as follows: "an innovative company poised to arm plaintiff's' firms with a new defensive weapon against insurance companies and their IME hired guns. In the event that defendant files a motion to dismiss based on a 'serious injury'threshold, the Watchdog Advocate who attended the examination will be available to prepare an […]

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The Danger Invites Rescue Doctrine

A U.S. Mail truck stops in the right lane of the North Service Road of the Long Island Expressway approximately 300 feet east of Roslyn Road on Thursday, September 10, 2011, at 5:52 a.m. The postal truck driver gets out of his truck to assist a driver of a vehicle that overturned on the wet […]

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Breaching The Serious Injury Threshold

A dismissal order against a plaintiff for failure to sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of a motor vehicle accident stands as the law of the case, precluding the plaintiff from proceeding against all defendants, whether they joined the motion for dismissal or elected to sit […]

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Consequential Damages

Consequential damages for breach of an insurance policy can be "reasonably foreseeable and contemplated by the parties." In 2008 the New York Court of Appeals held: "When an insured in such a situation suffers additional damages as a result of an insurer's excessive delay or improper denial, the insurance company should stand liable for these […]

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Practice Tip: Consider this Scenario

Your Insurance Carrier's claim representative calls you in a panic. A complaint received months earlier by the carrier from its insured has gone unanswered as the complaint was lost in the wrong "workflow queue" and a default has been entered. Is all lost? You know there is such a thing as "law office failure" as […]

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IME No Shows

In the No-Fault world, the failure to attend duly scheduled medical exams voids the policy ab initio (see Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, PLLC, 82 A.D.3d 559, 560, 918 N.Y.S.2d 473 [1st Dept.2011], lv. denied 17 N.Y.3d 705, 2011 WL 2535157 [2012] ), allowing the carrier to deny reimbursement to the provider. […]

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Fee Sharing is prohibited by the New York State Board of Regents as Unprofessional Conduct

8 NYCRR 29.1 Provides: (a) Unprofessional conduct shall be the conduct prohibited by this section. (b) Unprofessional conduct .... shall include: (4) permitting any person to share in the fees for professional services, other than: a partner, employee, associate in a professional firm or corporation, professional subcontractor or consultant authorized to practice the same profession, […]

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What's On your Facebook Page by Frank Scahill

What's On Your Facebook Page? Social Media postings are the greatest gift to defendants since the advent of the collateral source rule. What a Plaintiff posts on Facebook, Instagram, YouTube and dozens of other social media sites is amazing and often fatal to their case. Just take a peek at this young man (click here) […]

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