A female shopper's staged falldown in a Florida supermarket was caught on video tape and shown on a local newscast. This is worth watching: ...
1209
Lawrence Rogak
therogakreport
Aug 2, 2007 4:33 pm
EVEN IF DEFENDANT DEFAULTS, AUTO ACCIDENT VICTIM MUST MEET THRESHOLD Abbas v. Cole 2007 NY Slip Op 06092 Decided on July 17, 2007 Appellate Division, Second...
1210
Lawrence Rogak
therogakreport
Aug 3, 2007 12:46 pm
New York's Governor Eliot Spitzer has vetoed legislation that would have required insurers to prove that they were prejudiced by late notice of an occurrence...
1211
Lawrence Rogak
therogakreport
Aug 6, 2007 8:00 pm
FRIENDS OF BOY WHO ASSAULTED PLAINTIFF MAY BE LIABLE FOR "AIDING AND ABETTING" Scollo v. Nunez 2007 NY Slip Op 51469(U) Decided on August 3, 2007 Supreme...
1212
Lawrence Rogak
therogakreport
Aug 7, 2007 4:40 pm
WORKERS COMP CARRIER HAS NO LIEN ON TAXI DRIVER'S PERSONAL INJURY SETTLEMENT Alam v. Taxi Wheels to Lease Inc., NYLJ 08/07/07 (Index no. 46810/03) (Supreme...
1213
Lawrence Rogak
therogakreport
Aug 7, 2007 6:14 pm
Has it ever occurred to you that the word "sanctions" has different and totally opposite meanings? To most lawyers, the word "sanctions" instantly conjures up...
1214
Lawrence Rogak
therogakreport
Aug 7, 2007 9:28 pm
WHEN AUTO POLICY IS FOR PHYSICAL DAMAGE ONLY, LATE DENIAL OF NO-FAULT BILL DOES NOT CREATE COVERAGE JSI Expert Serv. a/a/o Taylor Garfield v. Allstate Ins....
1215
Lawrence Rogak
therogakreport
Aug 7, 2007 9:34 pm
PLAINTIFF FAILS TO ESTABLISH MAILING PROCEDURES; INSURER'S CHANGE OF ADDRESS NOT RELEVANT TO DEFENSE OF NON-RECEIPT South Nassau Orthopedic Surgery & Sports...
1216
Lawrence Rogak
therogakreport
Aug 9, 2007 8:06 pm
INTEREST ON NO-FAULT CLAIM BEGINS TO ACCRUE UPON COMMENCEMENT OF SUIT IF MORE THAN 30 DAYS PASSES AFTER DENIAL Brooklyn Chiropractic Assoc., P.C. a/a/o Victor...
1217
Lawrence Rogak
therogakreport
Aug 10, 2007 9:11 pm
PETITION TO VACATE ARBITRATION AWARD MUST BE FILED WITHIN 90 DAYS OF DATE OF RECEIPT OF AWARD Diamond Chiropractic, P.C. a/a/o Julio Antonio Mejia v. Utica...
1218
Lawrence Rogak
therogakreport
Aug 10, 2007 10:50 pm
Man Sues Florist for Revealing Affair By SCOTT MICHELS, ABC News Posted: 2007-08-10 18:36:51 HOUSTON (Aug. 10) -- A married man is suing 1-800-Flowers for $1...
1219
Lawrence Rogak
therogakreport
Aug 13, 2007 5:38 pm
VENDOR AT BASEBALL GAME ASSUMED RISK OF BEING KNOCKED DOWN BY FAN DURING T-SHIRT LAUNCH Cohen v. Sterling METS LP (NYLJ 8/13/07) (Supreme Court, Queens County)...
1220
Lawrence Rogak
therogakreport
Aug 13, 2007 10:11 pm
What happens when a milk company owns a parcel of land and agrees to let a pickle company use part of it, but then sells the land to a church which waits...
1221
Lawrence Rogak
therogakreport
Aug 14, 2007 7:55 pm
UMBRELLA CARRIER'S LATE DISCLAIMER RULED INVALID Granite Avenue Utilities Corp. v. Markel American Ins. Co., NYLJ 08/14/07 (Supreme Court, Richmond County)...
1222
Lawrence Rogak
therogakreport
Aug 16, 2007 1:16 am
ELECTROCUTION VICTIM'S RESCUER HAS VIABLE CLAIM FOR EMOTIONAL DISTRESS EVEN IN ABSENCE OF PHYSICAL INJURY Cronin v. Consolidated Edison Co. of N.Y., Inc. 2007...
1223
Lawrence Rogak
therogakreport
Aug 16, 2007 4:24 pm
HOME'S COLLAPSE IS NOT COVERED DUE TO EARTH MOVEMENT EXCLUSION IN POLICY Cali v. Merrimack Mut. Fire Ins. Co. 2007 NY Slip Op 06415 Decided on August 14,...
1224
Lawrence Rogak
therogakreport
Aug 20, 2007 9:10 pm
Mass. Man Pleads Guilty to Eating Glass to Defraud Restaurant Insurers By Erin Conroy August 17, 2007 A Massachusetts man pleaded guilty this week to his role...
1225
Barry Zalma
bzalma
Aug 20, 2007 9:44 pm
Friends: Insurance fraud is the most expensive "white collar" crime next to tax fraud. It costs every person who buys insurance by stealing from the public...
1226
Lawrence Rogak
therogakreport
Aug 20, 2007 9:44 pm
YACHT CLUB'S PIER CONSTRUCTION DEEMED NOT TO BE A "MARITIME CONTRACT", THUS NO IMPLIED INDEMNIFICATION Mulhern v. Manhasset Bay Yacht Club et al. 2007 NY Slip...
1227
Lawrence Rogak
therogakreport
Aug 21, 2007 2:29 pm
WHERE CLAIM FALLS WHOLLY OUTSIDE POLICY, TIMELY DISCLAIMER NOT NECESSARY Solomon v. United States Fid. & Guar. Co. 2007 NY Slip Op 06446 Decided on August 16,...
1228
Lawrence Rogak
therogakreport
Aug 23, 2007 2:15 am
ONLY ONE MUA CHARGE PER DAY IS APPROPRIATE, SAYS ARBITRATOR Boulevard Surgical Center v. Geico Insurance Co., AAA case no. 412007014578; Assessment no. 17 991...
1229
Lawrence Rogak
therogakreport
Aug 23, 2007 4:29 pm
EVEN IF NOTICE OF OCCURRENCE IS TIMELY, DELAY IN GIVING NOTICE OF SUIT UNTIL AFTER DEFAULT SUPPORTS DISCLAIMER American Transit Ins. Co. v. Rechev of Brooklyn...
1230
Lawrence Rogak
therogakreport
Aug 24, 2007 2:16 pm
MEDICAL PROVIDER'S LACK OF SPECIFICS IN AFFIDAVIT LEADS TO DENIAL OF SUMMARY JUDGMENT Mary Immaculate Hosp. a/a/o Yvette Coley and Khayyam Jackson v. Allstate ...
1231
Lawrence Rogak
therogakreport
Aug 27, 2007 1:05 pm
ELEVATOR INSTALLER STRUCK BY COUNTERWEIGHTS WHICH FELL UNEXPECTEDLY DURING TESTING; COURT FINDS NO LABOR LAW LIABILITY Buckley v. Columbia Grammar and...
1232
Lawrence Rogak
therogakreport
Aug 27, 2007 3:37 pm
There are several new no-fault decisions today from the Appellate Term, Second Department. This is a summary of the four decisions which I feel raised new or...
1233
Lawrence Rogak
therogakreport
Aug 28, 2007 12:07 pm
WHEN PREMIUM FINANCE COMPANY CANCELS AUTO POLICY, IT IS NOT REQUIRED TO ADVISE INSURED OF A RIGHT OF REVIEW Matter of Government Empls. Ins. Co. v. Lopez, NYLJ...
1234
Lawrence Rogak
therogakreport
Aug 29, 2007 11:14 pm
MEDICAL PROVIDER'S FAILURE TO SHOW FOR EUO DOES NOT VITIATE COVERAGE ABSENT SHOWING OF WILFULNESS Unitrin Advantage Insurance Company v. Andrew Carothers MD et...
1235
Lawrence Rogak
therogakreport
Aug 30, 2007 2:37 pm
JURY'S VERDICT THAT DEFENDANT WAS NEGLIGENT BUT DID NOT CAUSE ACCIDENT IS RULED INCONSISTENT Rodriguez v. Budget Rent-A-Car Sys., Inc. 2007 NY Slip Op 06502 ...
1236
Lawrence Rogak
therogakreport
Aug 31, 2007 2:24 pm
Now that this busy summer is over, and we're going into the Labor Day weekend, I have a few moments for some leisure writing. Here's a sampling: For what...
1237
Lawrence Rogak
therogakreport
Aug 31, 2007 3:09 pm
COURT'S GRANTING OF LEAVE TO SUE MVAIC IS NO BAR TO LATER FINDING THAT CLAIMANT WAS DRIVING UNINSURED VEHICLE, THUS NOT QUALIFIED PERSON Abdiyev v Motor Veh....
