NOTICE TO ADMIT CANNOT ESTABLISH PRIMA FACIE CASE IN NO-FAULT SUIT NY First Acupuncture PC v. General Assurance Co., 127007 QCV2003 (Civil Court, Queens Co.)...
SUIT ALLEGING SEXUAL ASSAULT BY HOMEOWNER'S SON IS NOT COVERED BY HOMEOWNER'S POLICY Kantrow v. Security Mut. Ins. Co. 2008 NY Slip Op 02795 Decided on March...
NO-FAULT INSURER'S "SEAT BELT DEFENSE" DOES NOT PREVAIL AT TRIAL A & A Dental, P.C. a/a/o Mark Badger et al. v. State Farm Ins. Co. 2008 NYSlipOp 50709(U)...
Friends: I posted to my web site, http://www.zalma.com the April 1, 2008 issue of Zalma's Insurance Fraud Letter and the supplement published March 15, 2008 at...
Somebody had to do it. So it might as well be me. Whether you're on the plaintiff or defense side, you can't issue a denial to my new NEW YORK NO-FAULT GOLF...
WHEN SLIP AND FALL VICTIM IS TAKEN AWAY BY AMBULANCE, INSURED CANNOT HAVE REASONABLE BELIEF THAT NO CLAIM WILL OCCUR Tower Ins. Co. of N.Y. v. Lin Hsin Long...
NO-FAULT CLAIMANT'S TWO-DAY DELAY IN GIVING NOTICE IS EXCUSED; INSURER'S DENIAL DID NOT ADVISE OF RIGHT TO PROVIDE EXPLANATION Rieker v. Encompass Ins. Co....
DRIVER WITH STOP SIGN STOPS BUT FAILS TO YIELD, GETS SUMMARY JUDGMENT AGAINST HIM Maliza v Puerto-Rican Transp. Corp. 2008 NY Slip Op 02975 Decided on April...
PEER REVIEW BY NURSE CAN BE VALID Countrywide Ins. Co. v 563 Grand Med., P.C. a/a/o Robert Alford 2008 NY Slip Op 03059 Decided on April 3, 2008 Appellate...
PEER REVIEW REPORT WITH STAMPED SIGNATURE OF DOCTOR HELD NOT ADMISSIBLE ON SUMMARY JUDGMENT MOTION Vista Surgical Supplies, Inc. a/a/o Melvin Beverly v....
THIRTY-SIX DAYS IS TOO LATE TO ISSUE LATE NOTICE DISCLAIMER, IF LATENESS OF NOTICE IS IMMEDIATELY APPARENT Morath v. New York Cent. Mut. Fire Ins. Co. 2008 NY...
IF NO-FAULT INSURER DEMANDS A COMPLETED NF-3, THIRTY-DAY TIME TO PAY OR DENY DOES NOT BEGIN UNTIL NF-3 IS RECEIVED All-Boro Med. Supplies, Inc. a/a/o Ramel...
INSURED'S 6-MONTH DELAY IN REPORTING INCIDENT RESULTS IN LATE NOTICE DISCLAIMER All American Flooring Ltd. v. The Sirius America Ins. Co. et al., 2008 NY Slip...
HEALTH INSURANCE FAQ Q. What does HMO stand for? A. This is actually a variation of the phrase, 'HEY MOE.' Its roots go back to a concept pioneered by Moe of...
My first legal tome, Rogak's New York Insurance & Negligence Law, is being sold on ebay now by an independent seller. This is an all-encompassing, complete...
QUESTIONS OF FACT LEAVE OPEN QUESTION OF WHETHER RENTAL CAR COMPANY CAN BE SUED IN RICHMOND Tribeca Med. P.C. a/a/o Shermin Reid v. Dollar Rent A Car et...
HOTEL'S NEW YEAR'S EVE EVICTION OF GUEST WAS NOT PROXIMATE CAUSE OF SUBSEQUENT ACCIDENT Dagen v. Marriott International Inc., NYLJ 4/24/08 (USDC - NDNY)...
PARTY WHO FILES BOND TO FREE SEIZED BANK ACCOUNT DOES NOT OWE POUNDAGE TO MARSHAL Solow Mgt. Corp. v. Tanger 2008 NY Slip Op 03516 Decided on April 24, 2008...
PROPERTY OWNER LIABLE FOR SCAFFOLD LAW CLAIM EVEN IF TENANT CONTRACTS FOR WORK WITHOUT OWNER'S KNOWLEDGE Sanatass v. Consolidated Investing Co., Inc. 2008 NY...
JURY VERDICT FOR PLAINTIFF WHO FELL EXITING BUS IS OVERTURNED ON APPEAL Lovato v. New York City Transit Authority 2008 NY Slip Op 03596 Decided on April 22,...
N.Y. Firm Pre-emptively Sues Secretary Who Threatened Rape Suit Against Partner by Anthony Lin Reprinted from The New York Law Journal April 25, 2008 A New...
J. A29015/04 2004 PA Super 426 COMMONWEALTH OF PENNSYLVANIA, Appellee ... IN THE SUPERIOR COURT OF PENNSYLVANIA ... BARBARA GOSSELIN, : Appellant : No. 1978...
Readers say: - "It's the Bible of our office!" "I wish I had this book ten years ago!" "It's so easy to read and understand!" The First Comprehensive Book on...
NO FAULT DEFENSE THAT SERVICES WERE PERFORMED BY INDEPENDENT CONTRACTOR IS NOT WAIVED BY UNTIMELY DENIAL Health & Endurance Med., P.C. a/a/o Arroyo Millie v....
LATE VERIFICATION REQUEST DOES NOT RE-START STATUTE OF LIMITATIONS FOR NO-FAULT SUIT Boulevard Multispec Med. a/a/o Jose Nunez v. MVAIC 2008 NYSlipOp 50872(U)...
HEALTH INSURER MAY NOT SUBROGATE AGAINST NO-FAULT INSURER Oxford Health Plan a/s/o Martha Delgado v. State-Wide Insurance Co., 2008 NY Slip Op 31224(U)...
INJURY DOES NOT "ARISE OUT OF" CONTRACTOR'S CONSTRUCTION OF STAIRS WHEN PLAINTIFF SLIPS ON MATERIALS PLACED THERE BY A DIFFERENT CONTRACTOR Worth Constr. Co.,...
WORKER IS HURT PULLING WALLET OUT OF HIS BACK POCKET WHILE BUYING COFFEE; INJURY HELD TO BE WORK-RELATED Matter of Marotta v. Town & Country Elec., Inc. 2008...
