Friends: I have just published to my web site at http://www.zalma.com the November 1, 2006 issue of Zalma's Insurance Fraud Letter where you can read, among...
1011
Lawrence Rogak
therogakreport
Nov 2, 2006 1:26 am
BUILDING CODES DO NOT APPLY TO STEPS LEADING INTO MOBILE MEDICAL UNIT Pena v. Women's Outreach Network Inc., NYLJ 11/01/06 (1st Dept 2006) Plaintiff fell from...
1012
Lawrence Rogak
therogakreport
Nov 3, 2006 10:12 pm
Lawyers Must Get Prior OK For Ads, State Supreme Court Says (The Associated Press, Published: Nov 3, 2006) TALLAHASSEE - Lawyers will have to get Florida Bar...
1013
Lawrence Rogak
therogakreport
Nov 6, 2006 10:17 pm
IN CHAIN COLLISIONS, VEHICLES WHICH STOPPED SAFELY HAVE NO LIABILITY Abrahamian v. Chan et al., Index Nos. 25832/02, 5972/03)(2nd Dept 2006) These are two...
1014
Barry Zalma
bzalma
Nov 7, 2006 4:13 pm
On this election day vote and then check out my special edition of Zalma's Insurance Fraud letter at http://www.zalma.com/zifl.htm where I publish two lengthy...
1015
Lawrence Rogak
therogakreport
Nov 7, 2006 4:29 pm
SUPERINTENDENT, EMPLOYEE OF MANAGING AGENT, MAY SUE LANDLORD FOR INJURIES SUSTAINED ON PREMISES Cruz v Regent Leasing Ltd. Partnership, 2006 NY Slip Op 26446 ...
1016
Lawrence Rogak
therogakreport
Nov 9, 2006 5:07 pm
SUIT BROUGHT IN BRONX OVER NEW JERSEY ACCIDENT IS DISMISSED Gillenson v. Happiness Is Camping, Inc., 2006 NY Slip Op 26449 (Supreme Court, Bronx County)...
1017
Lawrence Rogak
therogakreport
Nov 10, 2006 6:07 pm
SECOND DEPARTMENT STRIKES DOWN "SERIOUS INJURY" REQUIREMENT IN UIM CLAIMS Raffellini v. State Farm Mutual Auto. Ins. Co., NYLJ 11/01/06 (2d Dept 2006) In a...
1018
Lawrence Rogak
therogakreport
Nov 16, 2006 2:26 am
IME REPORT MUST COMPARE PLAINTIFF'S RANGE OF MOTION TO "NORMAL" TO ESTABLISH THRESHOLD DEFENSE Hernandez v. Stanley, 2006 NY Slip Op 08092 (2d Dept 2006) In an...
1019
Lawrence Rogak
therogakreport
Nov 20, 2006 7:54 pm
PRO-SE LITIGANT'S REQUEST FOR SECOND ADJOURNMENT TO GET HERSELF A LAWYER IS DENIED Feuerstein v Tirico, 2006 NYSlipOp 52032(U) (App Term, 2nd Dept) This was an...
1020
Hai Yang
steeledc6
Nov 20, 2006 7:58 pm
Dear colleagues, Insurance fraud is becoming more and more rampant in China. Based on our experience in insurance claims investigation, we input the following...
1021
Lawrence Rogak
therogakreport
Nov 21, 2006 7:12 pm
EVEN IF CLAIMANT'S TESTIMONY IS UNREBUTTED, COURT MAY CHOOSE NOT TO BELIEVE HIM Matter of Government Employees Ins. Co. v. Boris Goldenberg, 2006 NY Slip Op...
1022
Lawrence Rogak
therogakreport
Nov 27, 2006 4:55 pm
SMALL ROCK IN PARKING LOT IS OPEN AND OBVIOUS CONDITION: SUMMARY JUDGMENT FOR OWNER Brown v Melville Indus. Assoc., 2006 NY Slip Op 08719 (2nd Dept 2006) ...
1023
Lawrence Rogak
therogakreport
Nov 27, 2006 10:54 pm
PARENTS SUE STARBUCKS OVER CHILD'S BURNS (from www.IndyStar.com) A Hancock County couple have filed a lawsuit against Starbucks, accusing a Fishers store of...
1024
Lawrence Rogak
therogakreport
Nov 28, 2006 5:35 pm
ADDITIONAL INSURED GETS LEGAL DEFENSE EVEN IF QUESTION OF INDEMNITY MUST AWAIT DEVELOPMENT OF FACTS BP Air Conditioning Corp. v One Beacon Ins. Group, 2006 NY...
1025
Lawrence Rogak
therogakreport
Nov 29, 2006 2:36 pm
(Note: There are two case reviews today) CITING OF OBJECTIVE STANDARDS IS KEY TO EFFECTIVE PEER REVIEW Physical Medicine & Rehab of NY PC v. Global Liberty...
1026
Barry Zalma
bzalma
Dec 1, 2006 7:51 am
Friends: I have posted to my site at http://www.zalma.com the December 1, 2006 issue of Zalma's Insurance Fraud letter where you can read the following...
1027
Lawrence Rogak
therogakreport
Dec 4, 2006 5:57 pm
COURT SETS OUT PROCEDURE FOR ATTORNEYS SEEKING TO WITHDRAW FROM CASE Benefield v City of New York, 2006 NY Slip Op 26482 (Supreme Court, Bronx County) (Victor,...
1028
Lawrence Rogak
therogakreport
Dec 4, 2006 6:01 pm
DOES THE "NO PROXIMATE CAUSE" DEFENSE SURVIVE AN UNTIMELY DENIAL? APPELLATE TERM SEEMS TO SAY SO Executive MRI Imaging, P.C. a/a/o Floyd Harden v. New York...
1029
Lawrence Rogak
therogakreport
Dec 6, 2006 6:48 pm
ANIMAL SHELTER NOT LIABLE FOR BITE BY DOG BEING SHOWN FOR ADOPTION; NO PRIOR VICIOUS BEHAVIOR Virginia Claps v. Animal Haven, Inc., 2006 NY Slip Op 08909 (2nd...
1030
Lawrence Rogak
therogakreport
Dec 8, 2006 7:10 pm
"QUALIFYING" IS CONDITION PRECEDENT TO MVAIC'S DUTY TO PAY OR DENY A CLAIM Universal Acupuncture Pain Servs. P.C. a/a/o Jonathan Laul v. MVAIC, 2006 NY Slip Op...
1031
Lawrence Rogak
therogakreport
Dec 9, 2006 12:43 am
CONTRACTOR WHO LAID RAISED EXPANSION JOINT IN SIDEWALK MAY BE LIABLE TO PEDESTRIAN WHO TRIPS AFTER WORK IS COMPLETE Trano v Federated Dept. Stores, Inc., 2006...
1032
Lawrence Rogak
therogakreport
Dec 12, 2006 12:15 am
DELIVERY MAN STRUCK BY WIND-BLOWN TRUCK DOOR; NEITHER INDEPENDENT CONTRACTOR NOR TRUCK OWNER ARE LIABLE FOR REMOVING TETHER Walker v First Transit Inc. et al.,...
1033
Lawrence Rogak
therogakreport
Dec 14, 2006 4:00 pm
EMPLOYEE'S SUIT AGAINST LANDLORD FOR ON-THE-JOB INJURY DISMISSED; HAZARD WAS INHERENT IN THE WORK Djinovic v. Equitable Life Assurance Society et al., NYLJ...
1034
Lawrence Rogak
therogakreport
Dec 15, 2006 10:01 pm
COURT HOLDS THAT $850 NO FAULT ATTORNEY FEE APPLIES TO EVERY NF-3 Alpha Chiropractic P.C. a/a/o Stephen Whyte, Victoria Orlando, Maria Reynoso, Leovanny...
1035
Lawrence Rogak
therogakreport
Dec 18, 2006 6:20 pm
ONCE CLAIMANTS USE DISCLAIMER TO COLLECT UM BENEFITS FROM THEIR OWN CARRIER, THEY ARE ESTOPPED FROM CHALLENGING THAT DISCLAIMER State Farm Mut. Auto. Ins. Co....
1036
Lawrence Rogak
therogakreport
Dec 18, 2006 6:35 pm
LAWSUIT BROUGHT IN DISTRICT COURT FOR MORE THAN $15,000 IS VOID Bloom & Krup Appliance Corp. v A.h.c. Appliance Corp, 2003 NY Slip Op 51463(U) (District Court,...
1037
Lawrence Rogak
therogakreport
Dec 21, 2006 8:20 pm
INSURANCE DEFENSE COUNSEL MAY HAVE DUTY TO LOOK FOR EXCESS COVERAGE FOR THE INSURED Shaya B. Pacific LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP,...
1038
Lawrence Rogak
therogakreport
Dec 22, 2006 6:28 pm
911 CALL BY CO-WORKERS CREATES NO SPECIAL RELATIONSHIP WITH CITY; NO LIABILITY FOR AMBULANCE'S LATE ARRIVAL Laratro v City of New York, 2006 NY Slip Op 09661...
1039
Lawrence Rogak
therogakreport
Dec 27, 2006 9:18 pm
POLICE REPORT DOES NOT CONSTITUTE "NOTICE" TO MUNICIPAL CORPORATION State Farm Mut. Auto. Ins. Co. v New York City Tr. Auth., 2006 NY Slip Op 09602 (2D Dept...
