§Why CasetextPricing

James E. Freligh II, Appellant,v.Government Employees Insurance Company, Respondent.

Brief

13 Cited authorities

  1. Kurcsics v. Merchants Mut

    49 N.Y.2d 451 (N.Y. 1980)   Cited 618 times
    In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.

  2. Nyack Hospital v. General Motors Acceptance Corp.

    2007 N.Y. Slip Op. 2439 (N.Y. 2007)   Cited 101 times
    In Nyack Hosp. v General Motors Acceptance Corp. (8 NY3d 294 [2007]), the Court of Appeals, noting that no-fault benefits are overdue if not paid within 30 calendar days after receipt of a fully complete claim, held that the word "claims," as used in 11 NYCRR 65-3.15, the priority-of-payment regulation, does not encompass claims that are not yet complete because they have not been fully verified in accordance with 11 NYCRR 65-3.5 (b).

  3. Lodata v. Greyhawk

    39 A.D.3d 494 (N.Y. App. Div. 2007)   Cited 62 times

    No. 2005-03116. April 3, 2007. In an action to recover damages for personal injuries, the defendant Greyhawk North America, LLC, appeals, as limited by its brief, from stated portions of a judgment of the Supreme Court, Kings County (Knipel, J.), dated March 9, 2005, which, upon a jury verdict on the issue of damages finding that the plaintiff sustained damages in the principal sums of $74,500 for past pain and suffering, $442,583.33 for future pain and suffering, $131,330 for past lost earnings

  4. Sound Shore Med. Ctr. v. N.Y. Cent. Mut. Fire Ins. Co.

    106 A.D.3d 157 (N.Y. App. Div. 2013)   Cited 31 times

    2013-04-10 SOUND SHORE MEDICAL CENTER, as assignee of Barbara Kocourek, appellant, et al., plaintiff, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, respondent. Joseph Henig, P.C., Bellmore, N.Y., for appellant. Michael S. Nightingale, Glen Cove, N.Y. (Bryan G. Melnick of counsel), for respondent. DANIEL D. ANGIOLILLO Joseph Henig, P.C., Bellmore, N.Y., for appellant. Michael S. Nightingale, Glen Cove, N.Y. (Bryan G. Melnick of counsel), for respondent. DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON

  5. Faas v. State

    249 A.D.2d 731 (N.Y. App. Div. 1998)   Cited 34 times
    Affirming lower court's decision not to award damages for future shoulder surgery when claimant's orthopedic surgeon "failed to offer a definite opinion with regard to the need for surgery"

  6. O'Brien v. Mbugua

    49 A.D.3d 937 (N.Y. App. Div. 2008)   Cited 18 times

    No. 502767. March 6, 2008. Appeals (1) from an order of the Supreme Court (Kavanagh, J.), entered October 17, 2006 in Ulster County, which partially denied defendant's motion to set aside the verdict, and (2) from a judgment of said court, entered June 1, 2007 in Ulster County, upon a verdict rendered in favor of plaintiff. McCabe Mack, L.L.P., Poughkeepsie (Kimberly Hunt Lee of counsel), for appellant. Bashian Farber, White Plains (John U.H. Blumenstock of counsel), for respondent. Before: Mercure

  7. State Farm Mut. v. Stack

    55 A.D.3d 594 (N.Y. App. Div. 2008)   Cited 9 times

    No. 2007-07284. October 7, 2008. In an action to determine the defendant's claims for no-fault benefits de novo, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.H.O.), entered June 14, 2007, which, after a nonjury trial, inter alia, dismissed his claims for medical expenses and lost earnings. Jasne Florio, LLP, White Plains, N.Y. (Hugh G. Jasne of counsel), for appellant. Goldberg Segalla, LLP, White Plains

  8. Sharpe v. Allstate Insurance Co.

    14 A.D.3d 774 (N.Y. App. Div. 2005)   Cited 3 times
    Applying New York no-fault insurance law and granting summary judgment as against the plaintiff's "entirely speculative" claim for lost wages

  9. State Farm Ins Co v. Brooks

    78 A.D.2d 456 (N.Y. App. Div. 1981)   Cited 19 times
    Implying in dicta that affirmative suit by insurer to recoup benefits fraudulently claimed would be subject to arbitration clause of subsection (b)

  10. Section 65-3.5 - Claim procedure

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.5   Cited 659 times
    Requiring insurer procedures to include "supervisory review of all such determinations"

  11. Section 65-3.8 - Payment or denial of claim (30-day rule)

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.8   Cited 616 times   1 Legal Analyses

    (a) (1) No-fault benefits are overdue if not paid within 30 calendar days after the insurer receives proof of claim, which shall include verification of all of the relevant information requested pursuant to section 65-3.5 of this Subpart. In the case of an examination under oath or a medical examination, the verification is deemed to have been received by the insurer on the day the examination was performed. (2) An insurer shall defer payment of OBEL benefits for claims submitted by or on behalf

  12. Section 65-3.6 - Follow-up requirements

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.6   Cited 171 times
    Extending the 30-day rule if requested verification information has not been supplied to the insurer within 30 calendar days after the original request

  13. Section 65-3.16 - Measurement of no-fault benefits

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.16   Cited 148 times   1 Legal Analyses
    Stating that " provider of health care services is not eligible for reimbursement . . . if the provider fails to meet any applicable New York State or local licensing requirement necessary to perform such service in New York"