First-Party No-Fault Litigation Update - New York

Although New York's No-Fault Law was enacted 50 years ago, the last 20 years have seen a significant and persistent increase in the number of actions or arbitration between providers seeking to recover for services rendered to people who allege that they were injured in automobile accidents and insurance companies.  

This presentation, presented by Darryl E. Lapidus, Principal Appellate Court Attorney - NYS Supreme Court, Appellate Term, Second Judicial Department, will cover the relevant provision of New York's Insurance Law and the applicable regulations which govern the implementation of the No-Fault Law, and discuss significant cases from the New York Court of Appeals, as well as recent significant cases decided by New York's appellate courts. This program will benefit attorneys who are already representing clients engaged in first-party no-fault litigation or arbitration as well as attorneys seeking to develop an understanding before getting involved in such litigation.

1. Analyze claims handling by insurance carriers 
2. Identify prima facie burdens 
3. Break down defenses that are subject to preclusion as well as those which are not  
4. Discuss noteworthy appellate decisions as well as recent appellate decisions
5. Note some conflicts between various appellate court holdings