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TheRogakReport · The Rogak Report: Insurance Law Digest

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GEORGIA RESIDENT'S CLAIM OF INJURY DUE TO PRESCRIPTION DRUG IS DISMISSED ON GROUNDS OF FORUM NON CONVENIENS Wilson v. Pfizer, Inc. 2008 NY Slip Op 51214(U)...
1 Jun 20, 2008
5:38 pm

insurancelawyer
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DAD WHO DID NOT STRAP IN CHILD AND FELL ASLEEP AT WHEEL, MAY NOT INHERIT CHILD'S INSURANCE SETTLEMENT; MEDICAID LIEN WIPED OUT TOO Matter of Wigfall 2008 NY...
1 Jun 19, 2008
9:29 pm

insurancelawyer
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HOMEOWNER'S POLICY PROVIDES NO COVERAGE FOR RACIAL DISCRIMINATION, UNLAWFUL EVICTION SUIT BRENDA REISS and THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CT v. ...
1 Jun 18, 2008
1:45 am

insurancelawyer
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I think it would be nice if an RSS feed was offered. I use an RSS reader to read several blogs, and it would be convenient if I could add the RSS for this...
1 Jun 16, 2008
3:53 pm

Steve Breault
plx_scuba
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Forget Hillary's health care plan. Forget Obama's health care plan. Neither one is workable or stands a chance of being passed. What America needs, and can...
1 Jun 15, 2008
7:40 pm

insurancelawyer
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COURT OF APPEALS: SHORT STOP CAN BE PROXIMATE CAUSE OF CHAIN COLLISION, EVEN IF FOLLOWING DRIVER STOPS IN TIME Tutrani v. County of Suffolk 2008 NY Slip Op...
1 Jun 13, 2008
9:33 pm

insurancelawyer
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NO-FAULT INSURER FAILS TO PRESENT ENOUGH EVIDENCE OF DRIVER'S EMPLOYMENT TO MOVE CASE TO WORKERS COMP BOARD Jing Huo Lac a/a/o Maria Acosta v. American Transit...
1 Jun 13, 2008
8:47 pm

insurancelawyer
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WORKER'S FALL FROM TRUCKLOAD OF STEEL NOT COVERED BY SCAFFOLD LAW Berg v. Albany Ladder Co., Inc. 2008 NY Slip Op 05351 Decided on June 12, 2008 Court of...
1 Jun 12, 2008
5:02 pm

insurancelawyer
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HOMEOWNER'S POLICY CANCELLED EFFECTIVELY; BROKER NOT LIABLE FOR FAILURE TO TELL INSURED THAT PAYMENT WAS LATE Kaufmann v. Leatherstocking Coop. Ins. Co. 2008...
1 Jun 12, 2008
4:40 pm

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APPELLATE TERM ADOPTS "LMK" RULE, GRANTS NO-FAULT ATTORNEY FEES ON A "PER CLAIM" BASIS Fortune Med., P.C. a/a/o Eka Lowen v. New York Cent. Mut. Fire Ins. Co. ...
1 Jun 11, 2008
8:12 pm

insurancelawyer
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Judge Rules Coffee Request Wasn't Sex Harassment A federal judge has ruled that a receptionist who was fired for refusing to serve coffee to her supervisors...
1 Jun 11, 2008
7:03 pm

insurancelawyer
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COURT OF APPEALS: EMPLOYER'S THIRD PARTY LIABILITY SUBJECT TO POLICY LIMITS IF POLICY IS ISSUED OUTSIDE NY Preserver Ins. Co. v Ryba 2008 NY Slip Op 05305...
1 Jun 10, 2008
10:11 pm

insurancelawyer
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WHEN LIABILITY INSURER RESERVES RIGHTS, IT MUST INFORM INSURED OF RIGHT TO INDEPENDENT COUNSEL AT INSURER'S EXPENSE Elacqua v. Physicians&#39; Reciprocal Insurers...
1 Jun 10, 2008
8:09 pm

insurancelawyer
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How Much Do No-Fault Claimants Get For Mileage? By Larry Rogak The question doesn't come up every day, but every once in a while I get a call from a no-fault...
1 Jun 10, 2008
4:40 am

insurancelawyer
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This ebay seller is offering my book, <i>Rogak&#39;s New York No-Fault Law & Practice</i>, with <b>free shipping right now. Do you have your own copy yet, or are...
1 Jun 9, 2008
2:52 am

insurancelawyer
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UNSIGNED MV-104 DOES NOT QUALIFY AS "NOTICE TO DMV" FOR UM HIT-AND-RUN CLAIM Sitbon v. Unitrin Preferred Ins. Co. 2008 NY Slip Op 05065 Decided on June 3,...
1 Jun 6, 2008
5:42 pm

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UM CLAIMANT HELD TO NOT BE "OCCUPYING&quot; VEHICLE AS HE STOOD NEAR IT SHOWING RENTER HOW TO USE IT Faragon v. American Home Assur. Co. 2008 NY Slip Op 04983...
1 Jun 6, 2008
4:53 am

insurancelawyer
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Young Israel Co-Op City v Guideone Mut. Ins. Co. 2008 NY Slip Op 05002 Decided on June 5, 2008 Appellate Division, First Department Published by New York...
1 Jun 6, 2008
12:46 am

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COURT OF APPEALS: INSURANCE FRAUD IS LEGAL IF NOT CAUGHT IN TIME Fair Price Med. Supply Corp. a/a/o Cesar Nivelo v. Travelers Indem. Co. 2008 NY Slip Op 04946...
1 Jun 6, 2008
12:34 am

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PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DENIED: PLAINTIFF ATTORNEY'S AFFIRMATION CANNOT AUTHENTICATE CLAIM FORMS Steven Struhl MD a/a/o John Capehart v. Alea...
1 Jun 5, 2008
11:31 pm

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NO FAULT INSURER GETS SUMMARY JUDGMENT WHEN PLAINTIFF FAILS TO REFUTE PEER REVIEW REPORT SHOWING LACK OF MEDICAL NECESSITY Eden Med., P.C. a/a/o Shevonne...
1 Jun 5, 2008
11:24 pm

insurancelawyer
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COURT ALLOWS DISCOVERY OF CLAIMS FILE IN NO-FAULT SUIT WITHOUT HIPAA AUTHORIZATION Carnegie Hill Orthopedic Services v. GEICO Insurance Company, 2008 NY Slip...
1 Jun 4, 2008
11:45 pm

insurancelawyer
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Friends: I have published to my web site at http://www.zalma.com this month's issue of Zalma's Insurance Fraud Letter where you can read articles about: How...
1 Jun 3, 2008
5:40 pm

Barry Zalma
bzalma
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IF NO-FAULT BILL COMES IN WHILE EUO IS PENDING, INSURER MUST RE-SCHEDULE EUO TO TOLL 30-DAY RULE All-Boro Med. Supplies, Inc. a/a/o Tony Stringer v....
1 Jun 3, 2008
5:40 pm

insurancelawyer
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NO FAULT INSURER NOT ENTITLED TO SUMMARY JUDGMENT EVEN WHEN CLAIMANTS ADMIT ACCIDENT WAS STAGED; BUT "NEROLOGIST&quot; MUST APPEAR FOR DEPOSITION AA Acupuncture...
1 Jun 3, 2008
5:29 pm

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ABUTTING OWNERS HAVE NO LIABILITY FOR TRIP HAZARDS IN TREE WELLS Vucetovic v. Epsom Downs, Inc. 2008 NY Slip Op 04901 Decided on June 3, 2008 Court of...
1 Jun 3, 2008
5:11 pm

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COURT OF APPEALS: TENANT BREACHES LEASE BY NOT BUYING TERRORISM COVERAGE Tag 380, LLC v. ComMet 380, Inc. 2008 NY Slip Op 04899 Decided on June 3, 2008...
1 Jun 3, 2008
4:37 pm

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PROOF OF DRIVER'S INTOXICATION INSUFFICIENT FOR SUMMARY JUDGMENT IN NO-FAULT SUIT; PROXIMATE CAUSE OF CRASH IS AN ISSUE OF FACT FOR TRIAL Westchester Med. Ctr....
1 May 30, 2008
10:51 pm

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PROOF OF DRIVER'S INTOXICATION AT TIME OF ACCIDENT DOES NOT PROVE THAT DRINKING CAUSED THE ACCIDENT Westchester Med. Ctr. a/a/o Esther Beaton v. Progressive...
1 May 30, 2008
9:05 pm

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SECOND VERIFICATION REQUEST SENT EXACTLY 30 DAYS AFTER FIRST REQUEST IS HELD PROPER Park Slope Med. & Surgical Supply, Inc. a/a/o Alicia Marsh v. Country-Wide...
1 May 30, 2008
8:30 pm

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