No Fault Defender – A Defense Attorney's Perspective on New York No-Fault Law
Insurance Carrier does not have to prove that EUOs were “reasonable” or that “objective criteria” were satisfied in the first instance
American Transit v. Kareem Lindsay
On reargument, the Court did the right thing. Answering Defendants argued that the insurance carrier in this declaratory judgment action bore the burden, in the first instance, to show that the requests were reasonable and that certain objective criteria were established. The Court found this persuasive. On reargument, I came armed with the Appellate Term, Second Department cases and the literal meaning of Unitin in order to convince the court that it errred.
Defendant argued that Appellate Term cases were meaningless and Unitrin was not dispositive. Probably not a smart move.
Anyway, here is a declaration from a Supreme Court that the insurance carrier does not have to prove reasonableness prima facie. Here is hoping AAA will follow what Supreme Court says.
3 Responses to “Insurance Carrier does not have to prove that EUOs were “reasonable” or that “objective criteria” were satisfied in the first instance”
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These are huge wins. Kind of like arguing before the U.S. Extreme Court that a statute that absolutely bans all guns is unconstitutional.
Maybe these type decisions will be the last nail in the coffin of the constitutionality of No Fault if such an action is brought in the right venue.
Kudos. You still absolutely publish even biting comments against you.
You’re still the one.
Captain, why not?