Author: WeSueThem Publications

Proof of military status not enough on a material misrepresentation DJ

Healthy Way Acupuncture, P.C. v USAA Gen. Indem. Co., 2016 NY Slip Op 51342(U)(App. Term 1st Dept. 2016) “While defendant submitted evidence showing that plaintiff’s assignor misrepresented his military status in the underlying insurance policy application, defendant is precluded from asserting that defense as a result of its untimely denial of the claim (see Westchester Med. […]

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Unitrin celebrated its 10th birthday this year

Impulse Imaging, P.C. v State Farm Fire & Cas. Co.. 2021 NY Slip Op 51031(U)( “In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant cross-moved for summary judgment dismissing the complaint on two grounds: (1) that plaintiff’s assignor had failed to appear for examinations under oath […]

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Interst-ing

PRECISION DIAGNOSTIC, INC., v. PROGRESSIVE AMERICAN INSURANCE CO., No. 4D21-48 (Fla 4th DCA 2021) “We find that the trial court erred in its interpretation of sections 627.736 and 55.03, Florida Statutes (2020), for purposes of calculating interest, but we agree with the trial court that the amount in controversy—$4.17—was de minimis. We affirm” I will […]

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