STORE OWNER NOT LIABLE FOR INJURIES TO PATRON RESULTING FROM SUDDEN ALTERCATION WITH SHOPLIFTER Sorscher v. M&S Deli Grocery, NYLJ 4/02/07 (Index no. 48431/03)...
1119
Lawrence Rogak
therogakreport
Apr 4, 2007 3:34 pm
ARBITRATION FORUMS MAY VOID ITS OWN AWARD AND HOLD A SECOND HEARING DUE TO CLERICAL ERRORS Hudson Insurance Co. a/s/o All Island Truck Leasing v. Geico ...
1120
Lawrence Rogak
therogakreport
Apr 5, 2007 2:50 pm
WHEN PEER REVIEW DOCTOR WRITES THAT HE LACKS SUFFICIENT INFORMATION, INSURER MUST SEEK FURTHER VERIFICATION A.B. Med. Servs., PLLC a/a/o EKATERINA ZUBRITSKAYA...
1121
Lawrence Rogak
therogakreport
Apr 5, 2007 8:07 pm
NO AUTOMATIC DISMISSAL FOR CIVIL COURT CASES MARKED OFF CALENDAR AND NOT RESTORED WITHIN 1 YEAR Chavez v 407 Seventh Ave. Corp., 2007 NY Slip Op 02873 (2d Dept...
1122
Lawrence Rogak
therogakreport
Apr 6, 2007 5:29 am
** WARNING: THIS BLOG EXPRESSES OPINIONS FOR WHICH THE AUTHOR MIGHT HAVE NO INSURANCE ** The internet, which has created a quantum leap in the speed of ...
1123
Lawrence Rogak
therogakreport
Apr 9, 2007 5:48 pm
DUTY TO DEFEND CAN BE TRIGGERED BY FACTS OUTSIDE OF COMPLAINT WHICH ARE KNOWN TO INSURER NWL Holdings Inc. v. Discover Property & Casualty Insurance Co., 05- ...
1124
Barry Zalma
bzalma
Apr 9, 2007 5:53 pm
Friends; I have posted to my web site at http://www.zalma.com the April issue of Zalma's Insurance Fraud Letter where you can read articles: What is Insurance...
1125
Lawrence Rogak
therogakreport
Apr 10, 2007 4:06 pm
Here is a sampling of actual comments sent to me by readers who have purchased Rogak's New York No-Fault Law & Practice: "A great book." "Very informative." ...
1126
Lawrence Rogak
therogakreport
Apr 11, 2007 6:59 pm
MERE DENIAL OF NOTICE IS INSUFFICIENT GROUNDS TO VACATE INTERCOMPANY ARBITRATION AWARD Clarendon National Ins. Co. v. State of New York Workers Compensation ...
1127
Lawrence Rogak
therogakreport
Apr 11, 2007 9:51 pm
BUILDING CRACKS CAUSED BY EXCAVATION WORK NEXT DOOR ARE NOT EXCLUDED BY "EARTH MOVEMENT" EXCLUSION Pioneer Tower Owners Association v. State Farm Fire &...
1128
Lawrence Rogak
therogakreport
Apr 13, 2007 11:54 pm
Larry Rogak's new book, Rogak's New York No-Fault Law & Practice, has made internet bookseller Amazon.com's list of "Best Selling New Releases." The book...
1129
Lawrence Rogak
therogakreport
Apr 17, 2007 11:47 am
PLAINTIFF FAILS TO ESTABLISH THAT BUS WAS DEFECTIVELY DESIGNED; NO DUTY TO WARN OF OBVIOUS DANGERS William R. O'Boy v. Motor Coach Industries, Inc., 2007 NY...
1130
Lawrence Rogak
therogakreport
Apr 17, 2007 11:58 am
DRIVEWAY GRAVEL IS AN OPEN AND OBVIOUS CONDITION, NOT ACTIONABLE Espada v. Mid-Island Babe Ruth League Inc., NYLJ 4/17/07 (Index no. 102382/05) (Supreme Court,...
1131
Lawrence Rogak
therogakreport
Apr 18, 2007 7:12 pm
FAILURE OF PLAINTIFF'S DOCTOR TO EXPLAIN AWAY EARLIER, NEGATIVE PHYSICAL EXAM RESULTS IN LOSS ON THRESHOLD ISSUE Gibbs v. Rivera, 2007 NY Slip Op 50790(U)...
1132
Lawrence Rogak
therogakreport
Apr 19, 2007 6:08 pm
IN LATE NOTICE SITUATION, INSURER GETS TIME TO CONDUCT INVESTIGATION TO DETERMINE WHETHER LATE NOTICE IS EXCUSABLE Ace Packing Co., Inc. v. Campbell Solberg...
1133
Lawrence Rogak
therogakreport
Apr 23, 2007 5:27 pm
COVERAGE VALIDLY EXCLUDED FOR SPOUSE'S VEHICLE WHICH HAS ITS OWN SEPARATE POLICY Braun v. One Beacon Ins. Co., NYLJ 4/23/07 (Index no. 40626/04) (Supreme...
1134
Lawrence Rogak
therogakreport
Apr 24, 2007 12:24 pm
LOSS OF TWO-THIRDS OF INDEX FINGER QUALIFIES AS "GRAVE INJURY," SAYS SECOND DEPARTMENT Castillo v. 711 Group, Inc. et al., NYLJ 4/24/07 (2d Dept 2007) The...
1135
Barry Zalma
bzalma
Apr 25, 2007 3:56 am
New Book: "California Claims Regulations" Durham, North Carolina -- April 24, 2007 -- Carolina Academic Press, announces the publication of an essential book...
1136
Lawrence Rogak
therogakreport
Apr 26, 2007 11:34 pm
Two new decisions today illustrate how a purported settlement of a civil case can be vacated and/or declared unenforceable because they were not done...
1137
Lawrence Rogak
therogakreport
Apr 27, 2007 12:04 pm
Citing Fraud, Judge Tosses Case After Video Shows 'Paralyzed' Woman Walking by Daniel Ostrovsky Daily Business Review April 26, 2007 (reprinted from...
1138
Lawrence Rogak
therogakreport
Apr 27, 2007 10:55 pm
HOMEOWNER'S POLICY VALIDLY EXCLUDES COVERAGE WHEN INSURED DOES NOT RESIDE AT PREMISES Tower Ins. Co. v. Amany Said an Ahmed Hassan, 2007 NY Slip Op 30724 ...
1139
Lawrence Rogak
therogakreport
Apr 30, 2007 3:47 am
NO-FAULT DENIALS BASED ON PEER REVIEWS NEED NOT CITE "MEDICAL RATIONALE" TO BE VALID In a set of three new decisions, the Appellate Division, Second ...
1140
Lawrence Rogak
therogakreport
May 2, 2007 1:55 pm
INSURER'S "FOUNDED BELIEF" THAT CLAIM IS FRAUDULENT MAY BE BASED ON HEARSAY Umed Med., P.C. Denise T. Reed, Alex Ponce and Jared L. Morris v. State Farm Ins....
1141
Lawrence Rogak
therogakreport
May 2, 2007 2:26 pm
FAILURE TO FILE TIMELY FILE NOTICE OF INTENTION TO MAKE CLAIM AGAINST MVAIC LEADS TO DISMISSAL OF NO-FAULT CLAIM Akita Med. Acupuncture, P.C. a/a/o Ana...
1142
Lawrence Rogak
therogakreport
May 7, 2007 3:46 am
BY FAILING TO APPEAR IN PRIOR PROCEEDING TO STAY ARBITRATION, INSURER WAIVES DEFENSE TO COVERAGE AND POLICY LIMITS TOO Gaston v American Tr. Ins. Co. 2007 NY...
1143
Lawrence Rogak
therogakreport
May 7, 2007 8:50 pm
LANDOWNER NOT LIABLE FOR VEGETATION OBSCURING VIEW AT INTERSECTION, SAYS COURT OF APPEALS Clementoni v Consolidated Rail Corp. et al. 2007 NY Slip Op 03792 ...
1144
Lawrence Rogak
therogakreport
May 7, 2007 9:12 pm
'Fear of AIDS' Award Vacated By Majority By Mark Fass <mailto:web-editor@...> New York Law Journal <http://www.nylj.com/> May 7, 2007 The Appellate...
1145
Lawrence Rogak
therogakreport
May 7, 2007 9:13 pm
Panel Considers High-Low Deals As Settlements By Tom Perrotta <mailto:web-editor@...> New York Law Journal <http://www.nylj.com/> May 7, 2007 High-low...
1146
Lawrence Rogak
therogakreport
May 8, 2007 6:09 pm
My new book, Rogak's New York No-Fault Law & Practice, is now available for purchase on line! This is the first comprehensive book on New York no-fault ever...
1147
Barry Zalma
bzalma
May 11, 2007 8:10 pm
I am pleased to pass on the fact that the John Cooke Fraud Report is back and available on line at <http://www.johncooke.com/>www.johncooke.com. My friend...
