Examination Under Oath and IME No-Show
Thursday, December 10, 2015 | David M. Barshay(New York Law Journal)
In his No-Fault Insurance Law Wrap-Up, Senior Partner David M. Barshay writes that generally, to prevail on a medical examination "no-show" defense, an insurer must prove both the mailing of its scheduling letters and the injured person's non-appearance. However, the Appellate Divisions are split on whether an insurer must raise the defense in a timely denial in order to preserve such defense. Read entire story.
Court of Appeals Addresses Plaintiff's Prima Facie Burden
Thursday, October 08, 2015 | David M. Barshay(New York Law Journal)
In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses 'Viviane Etienne Medical Care v. Country-Wide Ins. Co.', where the Court of Appeals held that the plaintiff, a medical provider office, demonstrated "prima facie entitlement to summary judgment by submitting evidence that payment of no-fault benefits are overdue, and proof of its claim, using the statutory billing form, was mailed to and received by the defendant insurer." Read entire story.
Where Drivers Pay the Most -- And Least -- For Car Insurance
Friday, September 12, 2014 | Jim Gorzelany(Forbes Auto)
For 2014, the major U.S. metropolitan area in which residents tend to suffer the highest car insurance rates is Detroit, MI, where policyholders tend to pay 165 percent higher premiums than the national average. While none approach the stiff toll Detroiters face, other budget-busting burgs include New York City (36 percent above average), Miami (+34 percent) and Los Angeles (+25 percent). Read entire story.
U.S. Chamber of Commerce: Todd Muhlstock playing major litigation role
Friday, October 25, 2013 | (Baker Sanders, LLC)
Baker Sanders partner Todd Muhlstock was recently cited as playing a major litigation role in "The New Lawsuit Ecosystem" by the U.S. Chamber of Commerce. Read entire story.
Gamblers Seek Class Action Certification
Wednesday, September 25, 2013 | Gavin Broady(Law360)
Plaintiffs in a New York class action accusing Atlantic City, N.J., casino Revel of duping consumers with a bogus offer to refund slot machine losses mounted a bid for class certification on Tuesday, saying the casino owners masked deceptive loopholes in the bargain. Read entire story.
Class Claims Revel Casino Cheated Them
Thursday, August 29, 2013 | Nick Divito(Courthousenews)
$35 million class action against Revel casino and hotel in Atlantic City, N.J. for misleading "Slot Machine Refund Offer" Read entire story.
Congress Passes a $9.7 Billion Storm Relief Measure
Friday, January 04, 2013 | RAYMOND HERNANDEZ(The New York Times)
WASHINGTON — Under intense pressure from New York and New Jersey, Congress adopted legislation on Friday that would provide $9.7 billion to cover insurance claims filed by people whose homes were damaged or destroyed by Hurricane Sandy. Read entire story.
Helping People Process and Litigate Claims Arising in the Aftermath of Hurricane Sandy
Saturday, November 10, 2012 | Baker Sanders, LLC
You Need Experienced, Proven Lawyers To Help You Fight:
• Unfair Insurance Claims Adjustment
• Improper Insurance Disclaimers of Coverage
• Unreasonable Delay in the Payment of Claims
• Abusive Use of a “Hurricane Deductible”
• Failure of Others to Prepare For and Remedy Known Conditions Read entire story.
Barge caused two breaches in the eastern floodwall along the Inner Harbor Navigation Canal
Sunday, March 04, 2012 | Web Master(Baker Sanders, LLC)
Eastern flood wall breach caused by Lafarge North America, who was operating six barges on August 29, 2005. Forty-eight hours prior to the super storm Katrina's arrival, Lafarge finished offloading one of the barges and moored the vessels next to its facility along the canal. Read entire story.
Friday, April 09, 2010 | David M. Barshay(newyorkfair.org)
New Yorkers For Fair Automobile Insurance Reform (NYFAIR) called to action to protect automobile accident victims and their health care providers from changes being proposed to New York's No-Fault insurance system. Read entire story.