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No Fault Law and the Serious Injury Threshold

Explore the latest developments in New York’s No-Fault insurance and serious injury threshold, including case law updates and practical application.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025
No Fault Law and the Serious Injury Threshold

What You'll Learn

check_circleUnderstand the serious injury threshold and the legal requirements for establishing a serious injury in New York No-Fault cases.
check_circleLearn the latest developments in No-Fault law and how to apply them to personal injury claims.
check_circleGain insights into the medical evidence necessary to support serious injury claims, including expert testimony and the impact of gaps in treatment.
check_circleMaster the application of the 90/180-day rule and other serious injury categories in litigation.

About This Course

This seminar will be presented by Michael Hutter, Esq.

Topics List:

  • Overview of No-Fault Insurance Law in New York
  • Defining Serious Injury under Insurance Law §5102(d)
  • Categories of Serious Injury: Significant Disfigurement, Fractures, and Limitation of Use
  • 90/180-Day Category: What It Means for Plaintiffs and Defendants
  • Recent Case Law on Serious Injury Threshold and No-Fault Claims
  • Proving Causation in Serious Injury Cases
  • Understanding Supplemental Uninsured Motorist (SUM) Coverage
  • The Role of Medical Evidence and Expert Testimony in No-Fault Cases
  • Summary Judgment Motions: What Attorneys Need to Know
  • Dealing with Gaps in Treatment and its Impact on No-Fault Claims
  • Damages in No-Fault Law: Pain and Suffering Considerations

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Michael  Hutter, Esq.
Michael Hutter, Esq.

Professor of Law at Albany Law School and Special Counsel to Powers & Santola, LLP

Michael J. Hutter is special counsel to Powers & Santola, LLP. As special counsel, he handles the firm’s appellate work. Michael has argued appeals in the New York State Court of Appeals, all four Departments of New York’s Appellate Division, the United States Court of Appeals for the Second Circuit, and the United States Court of Appeals for the Federal Circuit. He has argued over 400 appeals covering a wide range of subjects, including labor law, no-fault law, negligence, criminal law, matrimonial law, civil rights claims, state constitutional law, and unfair competition claims. Since 2015, he has been named in the Best Lawyers New York edition in the area of appellate practice. As a professor of law at Albany Law School, Professor Hutter’s teaching areas include evidence, NY practice, federal jurisdiction and procedure, conflict of laws, and trade regulation. His scholarship has been cited by many courts, including the First Circuit Court of Appeals, Fourth Circuit Court of Appeals, Illinois Appellate Court, Massachusetts Supreme Judicial Court, South Dakota Supreme Court, Wisconsin Supreme Court, and the Appellate Division of the State of New York, as well as by numerous academic commentators. Professor Hutter is a recognized expert in the area of evidence. He has served as an educator to the New York State Court System, invited by the New York State Office of Court Administration and its Judicial Institute to teach evidence and discuss developments in the field at its annual seminars for justices and judges throughout the state, as well as seminars for law clerks and court attorneys. Recently, he was appointed by the Chief Judge of the State of New York to act as the reporter for a special committee composed of sitting and retired judges, charged with compiling a guide to New York’s existing law of evidence that will be readily available to judges, lawyers, and the public. Professor Hutter is also the evidence columnist for the New York Law Journal, publishing a bimonthly article discussing recent New York evidence cases decided by the courts.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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