Perhaps fueled by the rampant fraud problem overcoming New York’s No-Fault Law, the New York Court of Appeals handed down yet another decision involving the evidentiary proof necessary to demonstrate a "serious injury" under New York’s Insurance Law sec. 5102.  Its most recent decision involved three cases — Pommells v. Perez, Brown v. Dunlap, and Carrasco v. Mendez.

In particular, the Court examined soft-tissue injury cases.  Building on its decision in Toure v. Avis Rent A Car Sys.,  the Court addressed the impact of the following factors even in light of objective evidence: a pre-existing injuries, gaps in medical treatments, and intervening medical conditions.

For Court of Appeals’ decisions concerning fraud in the No-Fault context, see Matter of Medical Soc’y of N.Y. v. Serio and State Farm Mut. Auto. Ins. v. Mallela.