DRIVING INTO A POTHOLE IS AN "ACCIDENT"; THAT QUALIFIES FOR NO-FAULT BENEFITS FOR RESULTING INJURY, SAYS ARBITRATOR [Un-named Applicant] v. Regional Transit...
1437
Barry Zalma
bzalma
Feb 4, 2008 9:24 pm
Zalma’s Insurance Fraud Letter Starts 12th Year of Publication A Call to Professionals to Take the Profit From Insurance Fraud Culver City – February 1,...
1438
Lawrence Rogak
therogakreport
Feb 5, 2008 5:41 pm
GRAVES AMENDMENT TRUMPS NEW YORK'S VICARIOUS LIABILITY LAW FOR LEASED VEHICLES Graham v. Dunkley et al. 2008 NY Slip Op 00958 Decided on February 1, 2008...
1439
Lawrence Rogak
therogakreport
Feb 6, 2008 5:17 pm
NO CAUSE OF ACTION EXISTS FOR TRASHING FREE CATALOGS Learning Annex Holdings, LLC v. Gittelman 2008 NY Slip Op 00993 Decided on February 5, 2008 Appellate...
1440
Lawrence Rogak
therogakreport
Feb 7, 2008 12:19 am
DISPROVING MEDICAL NECESSITY REQUIRES SHOWING OF INCONSISTENCY WITH GENERALLY ACCEPTED MEDICAL PRACTICE American Chinese Acupuncture, P.C. a/a/o Maria Taverez...
1441
Lawrence Rogak
therogakreport
Feb 8, 2008 12:22 am
DOCUMENTATION IS REQUIRED TO GET SUMMARY JUDGMENT BASED ON EXHAUSTION OF NO-FAULT BENEFITS Hospital for Joint Diseases a/a/o Sandra DeGroat et al. v. New York ...
1442
Lawrence Rogak
therogakreport
Feb 8, 2008 4:50 am
COURT EXAMINES PROOF OF MAILING REQUIREMENTS FOR NO-FAULT DENIALS Ray Presutto, L.M.T., P.C. a/a/o Miguel A. Villatoro v. Travelers Ins. Co. 2007 NY Slip Op...
1443
Lawrence Rogak
therogakreport
Feb 8, 2008 8:43 pm
PROOF OF MAILING REQUIRED FOR EUO LETTERS; PLAINTIFF'S SHAREHOLDER FAILS TO DEMONSTRATE PERSONAL KNOWLEDGE OF MAILING High St. Med., P.C. a/a/o Rolando Garcia...
1444
Lawrence Rogak
therogakreport
Feb 9, 2008 12:24 am
INSURANCE COMPANY'S INVESTIGATOR PULLS GUN ON INSURED, THREATENS TO SHOOT HIM, IN BID TO GAIN HIS COOPERATION Supreme Court calls insurer's conduct toward...
1445
Lawrence Rogak
therogakreport
Feb 9, 2008 12:53 am
DESPITE DOCTOR'S LICENSE BEING YANKED FOR FRAUD, INSURER MUST STILL COMPLY WITH 30-DAY RULE Carnegie Hill Orthopedic Services a/a/o John Hernandez et al. v....
1446
Lawrence Rogak
therogakreport
Feb 12, 2008 1:02 am
COURT OF APPEALS STRIKES DOWN 6-MONTH LIMIT ON DAMAGES FOR AIDS PHOBIA Ornstein v. New York City Health & Hosps. Corp. 2008 NY Slip Op 01027 Decided on...
1447
Lawrence Rogak
therogakreport
Feb 12, 2008 4:29 pm
REASONABLENESS OF INSURED'S EXCUSE FOR NOT REPORTING INCIDENT TO INSURER IS A QUESTION OF FACT REQUIRING A TRIAL Milbank Housing Development Fund v. Royal...
1448
Lawrence Rogak
therogakreport
Feb 13, 2008 9:06 pm
Cell Phone Use in Car Leads to $5.2 Million Payout by EmployerFulton County Daily Report 02-13-2008 Talk isn't always cheap, as International Paper Co. learned...
1449
Lawrence Rogak
therogakreport
Feb 14, 2008 2:57 am
PRIMARY INSURER DID NOT ACT IN BAD FAITH TO EXCESS CARRIER BY RELYING ON COUNSEL'S JUDGMENT Indemnity Insurance Company of North America v. Transcontinental ...
1450
Lawrence Rogak
therogakreport
Feb 14, 2008 1:52 pm
Valentine From A Plaintiff's Attorney by Larry Rogak I wrote this valentine for plaintiffs' attorneys to send to their sweeties: Dearest darling, hear my plea...
1451
Lawrence Rogak
therogakreport
Feb 14, 2008 9:43 pm
NO FAULT BENEFITS DO NOT APPLY TO BUS PASSENGER STRUCK AND INJURED BY WHEELCHAIR; NEITHER DOES THRESHOLD APPLY Sosin v. New York City Transit Authority, 2008...
1452
Lawrence Rogak
therogakreport
Feb 19, 2008 9:15 pm
CLAIMANT'S STATEMENT TO INSURED THAT HE WOULD NOT SUE MAY EXCUSE LATE NOTICE; INSURER'S TARDY DISCLAIMER MAY BE EXCUSED BY INVESTIGATION Equinox Partners Ltd....
1453
Lawrence Rogak
therogakreport
Feb 20, 2008 5:47 am
NEW YORK INSUREDS MAY NOW SUE FOR THOSE DAMAGES CAUSED BY INSURER'S BREACH OF INSURANCE CONTRACT, EVEN BEYOND POLICY LIMITS Bi-Economy Market Inc. v...
1454
Lawrence Rogak
therogakreport
Feb 20, 2008 11:16 pm
IN LOSS TRANSFER, COMP CARRIER MUST CHOOSE APPORTIONMENT, NOT PRIORITY OF PAYMENT Cigna Property and Casualty c/o Sedgwick Claims Management Services as ...
1455
Lawrence Rogak
therogakreport
Feb 21, 2008 9:48 pm
INSURER'S FAILURE TO STATE THE DATE IT RECEIVED MEDICAL BILL LEADS TO SUMMARY JUDGMENT FOR PLAINTIFF Lenox Hill Radiology MIA, P.C. a/a/o Mohannad Mohammad v....
1456
Lawrence Rogak
therogakreport
Feb 21, 2008 10:00 pm
SIMPLY FAXING A STIP REQUESTING AN EXTENSION OF TIME TO ANSWER DOES NOT PROVIDE EXCUSE FOR DEFAULT Stracar Med. Servs., P.C. a/a/o Pedro Ovalles v. State Farm...
1457
Lawrence Rogak
therogakreport
Feb 22, 2008 1:57 pm
HISTORY OF CHILD ABUSE, HOMELESSNESS & MOTHER'S DRUG, ALCOHOL USE PRECLUDE SUMMARY JUDGMENT IN LEAD PAINT SUIT O'Connor v. Weiss, NYLJ 02/22/08, Index no....
1458
Lawrence Rogak
therogakreport
Feb 26, 2008 3:09 am
EXCESS INSURER MAY NOT DELAY ISSUING LATE NOTICE DISCLAIMER WHILE IT LOOKS INTO DETAILS OF PRIMARY COVERAGE Transcontinental Ins. Co. v. Gold 2008 NY Slip Op...
1459
Lawrence Rogak
therogakreport
Feb 27, 2008 11:46 pm
MOLD THAT FORMED WHILE CONTRACTOR WAS REPLACING ROOF IS EXCLUDED FROM COVERAGE Roy v. Encompass Insurance, (2008 NY Slip Op 30487[U]) (Supreme Court, Suffolk...
1460
clamlips99
Feb 28, 2008 4:10 am
Hopefully someone can point me in the right direction... Are payments made under Additional PIP in New York subrogatable against the tort feasor or lienable...
1461
Lawrence Rogak
therogakreport
Feb 28, 2008 4:28 am
"INDEPENDENT CONTRACTOR" BOX ON NF-3, FEE SCHEDULE DENIAL, RAISE ISSUES REQUIRING TRIAL East Coast Acupuncture, P.C. a/a/o Manuel Ovalle v. New York Cent. Mut....
1462
Lawrence Rogak
therogakreport
Feb 28, 2008 4:36 am
Be Well Med. Supply, Inc. a/a/o Ambiorix Almonte v. New York Central Mutual Fire Insurance Company 2008 NYSlipOp 50346(U) Decided on February 21, 2008...
1463
Lawrence Rogak
therogakreport
Feb 28, 2008 4:46 am
UNREBUTTED PEER REVIEW ENTITLES INSURER TO SUMMARY JUDGMENT Bath Med. Supply, Inc. a/a/o Stephanie Andre v. New York Cent. Mut. Fire Ins. Co. 2008 NYSlipOp...
1464
Lawrence Rogak
therogakreport
Feb 28, 2008 2:13 pm
Dear Readers: In The Rogak Report of 20 Feb 2008, I reported the Court of Appeals decision in Bi-Economy Market v. Harleysville Ins. Co., where the Court held...
1465
Lawrence Rogak
therogakreport
Feb 28, 2008 10:31 pm
WHERE PEER OR IME DOCTOR CAN FORM AN OPINION WITH THE RECORDS AT HAND, INSURER HAS NO BURDEN TO ASK FOR ADDITIONAL RECORDS A.M. Med. Servs., P.C. a/a/o...
