Recent Articles

Two Bites at the Apple

Anthony J. Licatesi
March 04, 2010 20:06

Yesterday was a big day for us here. I argued for our health care provider, United Diagnostic Imaging, P.C. (United) in front of the Appellate Division, Second Department. The facts of this case are quite commonplace in the industry. United performed MRI’s on patients. Travelers received the...

Why Can't Insurers Play By the Rules?

Anthony J. Licatesi
March 01, 2010 19:07

If you have ever read the No-Fault Regulations, or any statute for that matter, you know they use enough legal terminology to make your head spin. For whatever reason, we lawyers seem to get a kick out of using such complex phraseology. I guess it provides a sense of self-importance. Why else would...

NY No-Fault's Strict 30 Day Rule

Anthony J. Licatesi
February 26, 2010 21:11

Like it or not the No-Fault Regulations (11 N.Y.C.R.R. § 65-3.8) require insurers to either deny or pay a claim for benefits within 30 days from the date the applicant submits proof of claim. If the insurer fails to respond within the prescribed time period, the insurance company is precluded...

A More Sensible Approach to Lowering Auto Insurance Costs in NY

Anthony J. Licatesi
February 22, 2010 20:53

The insurance industry has discussed ad nauseum how severe a problem automobile insurance fraud is in New York. Some estimates state more than one in five claims submitted to auto insurers is fraudulent. Other numbers suggest fraudulent claims are up over 30% over the last five years.  I...

The New York Inurance Industry and Insurer's Fraud

Anthony J. Licatesi
February 15, 2010 19:33

How the New York insurance industry is attempting to turn a molehill of an issue into a mountain of new revenue I do not profess to be a math whiz, but when it comes to simple mathematics, I think I can hold my own. An article published February 3, 2010 noted that insurance lobbyists were headed...

How No Fault Accident Compensation Works in New York

Anthony J. Licatesi
February 10, 2010 19:05

In 1973, New York State enacted the No-Fault Law, making it possible for auto accident victims would be paid by insurance companies for legitimate car accident related losses regardless of who was to blame. These losses include medical expenses, lost earnings and other incidental costs directly...

Winning More No-Fault Medical Test Arbitrations

Anthony J. Licatesi
February 08, 2010 17:13

I read an interesting blog the other day detailing the results of No-Fault arbitrations. More specifically, the blog discussed how insurers and applicants fared on a particular day in cases regarding denials due to negative Independent Medical Examinations (IME) and Peer Reviews. I was startled...

Injured in a Car Accident and Want to Sue?

Anthony J. Licatesi
February 06, 2010 17:09

To ease the burden on courts, in 1973 the New York State legislature passed what we now call the No-Fault law for automobile drivers. It was also passed to ensure New Yorkers injured in automobile accidents were promptly paid regardless of fault, to ensure full recovery (Montgomery v. Daniels, 38...

How health care providers can fight insurance company EUO's

Anthony J. Licatesi
February 05, 2010 22:32

Insurance companies relentlessly try to deny health care providers the money they have earned from treating their No-Fault patients. Throughout the state, many providers are wondering what they have to do get paid. Amazingly, there are stories of providers who are owed in excess of $1M from...

Albany may cede more power to insurance companies

Anthony J. Licatesi
February 02, 2010 18:26

Imagine attending a four-year college, majoring in pre-med because you want to be a doctor. Then imagine going on to attend medical school for four more years, then training as a resident in a hospital for another three years and spending thousands of hours studying to specialize in a certain...