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Publications
Defendant’s motion for summary disposition/judgment granted because demand letter did not comply with statute where ledger attached to demand letter reflected a zero dollar balance.
The instant suit involved a plaintiff’s contention that a physician’s assistant reduction in a bill balance was improper. The bill in question was for date of service May 26, 2016, and involved CPT code 99204.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary judgment granted as defendant did not return plaintiff to status quo after failing to issue interest owed on premium refund check after rescinding the policy for material misrepresentation by the insured.
The instant suit involved a dispute between an insurance carrier and its insured, Jose Gonzalez. The claim involved a motor vehicle accident that was alleged to have occurred on September 09, 2019, involving the insured.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Trial court erred in dismissing medical provider-assignee’s statement of claim alleging breach of contract by insurer after considering consent judgment entered against a named insured in declaratory judgment action to which provider was not a party.
The 4th District Court of Appeal reversed and remanded the lower court’s order granting the defendant’s motion to dismiss against the plaintiff.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
No error in ordering repayment for services where reimbursement was initially denied because CPT code billed was not recognized by Medicare Part B or workers’ compensation fee schedules. The nature of the service controls, not the billed CPT code.
The 4th District Court of Appeal affirmed that the trial court correctly ruled that, when determining whether a CPT code is reimbursable under the Florida PIP Statute Section 627.736(5)(a)[1](f), the insurance company must look to the nature of th
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Only an affirmative misrepresentation or fraudulent concealment of the actual medical cause of death will toll the two-year statute of limitations for survival or wrongful death cases.
The trial court granted a defendant’s motion for summary judgment in a wrongful death case because the matter was initiated after MCARE’s two-year statute of limitations period had run.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Judge upholds objections to overly-broad discovery demands, noting that plaintiff could revise and narrow demands but declines to grant plaintiff specific relief.
This interesting litigation actually addresses a complaint of excessive idling against a school bus company, but the federal court correctly put the onus on the plaintiff to craft appropriate requests as opposed to common “kitchen sink” type deman
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court grants motion to dismiss in action where a minor plaintiff was lured off a school bus by minor defendants and assaulted.
Though much of the court’s issue in this decision appears related to the manner in which the complaint itself was drafted, the court did find that a school transportation department’s “supervision of students on a school bus, as well as the action
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Incident report prepared for a claims company “for the benefit of [the] insurer” falls within work production and is not discoverable.
In a matter involving a dispute over damage caused to a truck during towing, the tow truck company sought to quash an order requiring production of an incident report prepared by the named tow truck driver.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Uber Eats driver not entitled to UIM benefits under Uber Eats’ insurance policy.
The plaintiff was operating his motorcycle as an Uber Eats driver in August of 2017 when he was involved in a motor vehicle accident and suffered significant injuries. The offending driver was minimally insured.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.
At its heart, this decision is fairly simple—the Appellate Division determined the plaintiff is not entitled to summary judgment because an issue of fact remained as to whether the defendant was liable for the collision, and an issue of fact remai
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.