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...
1148
Lawrence Rogak
therogakreport
May 11, 2007 8:10 pm
MVAIC'S RESPONSE TO NO-FAULT BILLS DOES NOT DEPEND ON "QUALIFIED PERSON" STATUS Nathaniel Aronoff DC a/a/o Serge Cooks et al. v. Motor Veh. Acc. Indem. Corp....
1149
Lawrence Rogak
therogakreport
May 14, 2007 3:31 am
INSURER'S COVERAGE FOR ASBESTOS LIABILITY MIGHT BE UNLIMITED Continental Casualty Co. v. Employers Ins. Co. of Wausau, NYLJ 5/14/07 (Supreme Court, New York...
1150
Lawrence Rogak
therogakreport
May 15, 2007 8:29 pm
COURT LAYS OUT STANDARDS FOR NO-FAULT SUMMARY JUDGMENT MOTIONS Complete Orthopedic Supplies, Inc. a/a/o Joseph Harris v. State Farm Ins. Co. 2007 NY Slip Op...
1151
Lawrence Rogak
therogakreport
May 17, 2007 11:21 pm
NO FAULT VERIFICATION REQUEST SHOULD BE SENT TO THE "PARTY" WHO HAS THE INFORMATION, NOT NECESSARILY THE PROVIDER Doshi Diagnostic Imaging Servs. a/a/o Laticia...
1152
Lawrence Rogak
therogakreport
May 23, 2007 11:15 pm
COURT HOLDS THAT MEDICAL PROVIDER'S LOSS OF LICENSE AFTER INCORPORATION DOES NOT MAKE IT "FRAUDULENTLY INCORPORATED" Devonshire Surgical Facility and Carnegic...
1153
Lawrence Rogak
therogakreport
May 24, 2007 9:32 pm
RESTAURANT PATRON SLIPS ON VOMIT IN RESTROOM; DEFENSE VERDICT UPHELD Perry v. Wine & Roses Inc., NYLJ 5/24/07 (3d Dept 2007) Plaintiff fractured her left ankle...
1154
Lawrence Rogak
therogakreport
May 25, 2007 2:04 am
NO-FAULT ATTORNEY FEES APPLY TO EACH BILL, SAYS COURT Midwood Total Rehab. Med., P.C. a/a/o Eddie Medina v. State Farm Mut. Auto. Ins. Co. 2007 NY Slip Op...
1155
Lawrence Rogak
therogakreport
May 26, 2007 3:10 pm
Rogak's New York No-Fault Law & Practice is still on Amazon.com's best-seller list! Amazon.com Hot New Releases ...
1156
Lawrence Rogak
therogakreport
May 28, 2007 10:55 pm
TRUCKING POLICY'S "SAVINGS CLAUSE" MAKES MINIMUM LIMITS APPLY WHERE "NON-TRUCKING USE" EXCLUSION IS DEEMED INVALID Connecticut Indem. Co. v. Hines et al.,...
1157
Lawrence Rogak
therogakreport
May 30, 2007 12:04 pm
FIRST DEPARTMENT ADOPTS RULE THAT DENIAL NEED NOT RECITE "MEDICAL RATIONALE" OF PEER REVIEW A.I.D. Med. Supplies a/a/o David Trevino et al. v. GEICO Gen. Ins....
1158
newjd2006
May 30, 2007 12:08 pm
Question: According to the no-fault insurance regulations, a letter scheduling an IME for a claimant must (among other requirements) inform him that he will be...
1159
Lawrence Rogak
therogakreport
Jun 4, 2007 2:43 am
EXPERT WHO TESTIFIES AT TRIAL NEED NOT BE THE SAME EXPERT WHO DID THE PEER REVIEW Spruce Med. & Diagnostic, P.C. a/a/o Mireya Lobo v. Lumbermen's Mut. Cas. Co....
1160
Barry Zalma
bzalma
Jun 4, 2007 4:22 pm
Isurance fraud expert, consultant and California lawyer, Barry Zalma called for consistency in sentencing of insurance fraud perpetrators in the June issue of...
1161
Lawrence Rogak
therogakreport
Jun 5, 2007 2:43 pm
TRIP AND FALL SUIT BASED ON ELEVATION DIFFERENCE IN LANDSCAPING FAILS DUE TO OPEN AND OBVIOUS CONDITION Errett v Great Neck Park Dist. 2007 NY Slip Op 04590...
1162
Lawrence Rogak
therogakreport
Jun 7, 2007 1:35 am
INSURED, CONVICTED OF FRAUD, HAS NO VIABLE THIRD-PARTY CLAIM AGAINST ADJUSTERS Crum & Foster Insurance Co. v. Goodmark Industries Inc., 05-cv-3633 (USDC -...
1163
Lawrence Rogak
therogakreport
Jun 7, 2007 3:05 pm
CONSTRUCTION WORKER'S TEMPORARY REMOVAL OF SAFETY HARNESS IS NO DEFENSE IN SUIT OVER SCAFFOLD COLLAPSE Nane v. Dormitory Authority of the State of New York,...
1164
Lawrence Rogak
therogakreport
Jun 7, 2007 9:53 pm
Cubas v. Martinez 2007 NY Slip Op 04723 Decided on June 7, 2007 Court of Appeals Smith, J. Published by New York State Law Reporting Bureau ...
1165
Lawrence Rogak
therogakreport
Jun 8, 2007 5:36 pm
COURT REJECTS COVERAGE SUIT OVER CLAIM OF DEFECTIVE PRODUCT Airolite v. Valley Forge Insurance Company, 2007 NY Slip Op 31459(u) (Supreme Court, New York Co.)...
1166
Lawrence Rogak
therogakreport
Jun 12, 2007 7:45 pm
COURT OF APPEALS SAYS EVIDENCE OF PHYSICIAN'S "HABIT" ADMISSIBLE TO INFER THAT INJECTION WAS GIVEN Rivera v Anilesh 2007 NY Slip Op 05134 Decided on June 12,...
1167
Lawrence Rogak
therogakreport
Jun 13, 2007 8:53 pm
ISSUE OF FACT AS TO WHETHER AUTO CLAIMANT WAS IN THE COURSE OF HIS EMPLOYMENT REQUIRES DECISION BY WORKERS COMP BOARD Response Equip., Inc. a/a/o Simeon Ernst...
1168
Lawrence Rogak
therogakreport
Jun 15, 2007 3:01 pm
FRAUD DOES NOT EXCUSE INSURER'S NON-COMPLIANCE WITH "30 DAY RULE", SAYS 2D DEPT Court calls billing for supplies never delivered not fraud, but just "an ...
1169
Lawrence Rogak
therogakreport
Jun 19, 2007 3:15 am
LEGAL MALPRACTICE SUIT FAILS: PLAINTIFF CANNOT SHOW THAT HER UNDERLYING DOG BITE CASE COULD HAVE BEEN WON Kim v. Goldstein, 04 Civ. 3755 (USDC-SDNY) (District...
