TENANT'S INSURANCE DEEMED TO COVER COMMON STAIRCASE ACCIDENT BECAUSE STAIRS WERE USED BY TENANT Jenel Management Corp. v. Pacific Insurance Co. 2008 NY Slip...
1743
insurancelawyer
Oct 3, 2008 6:41 pm
WHERE NO FEE SCHEDULE EXISTS FOR SERVICES, INSURER MAY ISSUE PAYMENT FOR 'SIMILAR' SERVICES AND TIMELY DENY ANY BALANCE Forrest Chen Acupuncture Servs., P.C....
1744
insurancelawyer
Oct 4, 2008 3:47 pm
Chubb Insurance Company v GEICO Insurance Company 2008 NY Slip Op 32642(U) September 29, 2008 Supreme Court, New York County Docket Number: 105012/2007 Judge:...
1745
TheRogakReport@yahoog...
Oct 5, 2008 12:11 pm
USEFUL INFORMATION REMINDER FROM LARRY ROGAK * Don't just get THE ROGAK REPORT by email; visit the newsletter site and search past issues for case law you...
1746
insurancelawyer
Oct 6, 2008 10:17 pm
TAXI MEDALLION OWNERS ENJOY NO INSULATION FROM LIABILITY UNDER GRAVES AMENDMENT LEXINGTON INSURANCE COMPANY as subrogees of FLATIRON LEASING PARTNERS LLC. and...
1747
insurancelawyer
Oct 8, 2008 12:49 am
WHEN NO-FAULT BILL IS TIMELY DENIED, INTEREST RUNS ONLY FROM DATE SUIT OR ARB IS FILED: REGULATION UPHELD Canarsie Medical Health, P.C. a/a/o Ricky Barry v....
1748
insurancelawyer
Oct 8, 2008 5:51 pm
DEFENSE COUNSEL FORGETS TO QUALIFY MEDICAL EXPERT AT TRIAL, LOSES CASE A Plus Med., P.C. a/a/o Sheresse O'Neill v. Government Employees Ins. Co. 2008 NY Slip...
1749
insurancelawyer
Oct 8, 2008 8:53 pm
NO-FAULT STATUTE OF LIMITATIONS BEGINS TO RUN 6 YEARS FROM WHEN BILL BECOMES OVERDUE, EVEN IF DENIAL IS ISSUED EARLY Chester Med. Diagnostic, P.C. a/a/o...
1750
insurancelawyer
Oct 10, 2008 4:30 am
Dear Readers: Since the release of my book, Rogak's New York No-Fault Law & Practice, in March 2007, literally hundreds of new court decisions have been ...
1751
insurancelawyer
Oct 14, 2008 10:51 pm
PLAINTIFF WHO SLIPPED ON OBJECT IN PARKING LOT SURVIVES SUMMARY JUDGMENT: EXACT IDENTIFICATION OF OBJECT NOT NECESSARY Thomas Bonvino v Long Island College...
1752
insurancelawyer
Oct 15, 2008 10:07 pm
ONUS IS ON NO-FAULT PROVIDER TO ASK INSURER IF VERIFICATION REQUEST SEEMS UNCLEAR Mary Immaculate Hosp. a/a/o Jonnise Atwater et al. v. New York Central Mutual...
1753
insurancelawyer
Oct 16, 2008 6:02 pm
WORKERS COMP/EMPLOYER LIABILITY CARRIER NOT REQUIRED TO SHOW PREJUDICE IN DISCLAIMING DUE TO LATE NOTICE OF SUIT Liberty Moving & Storage Co. Inc. v. Westport...
1754
insurancelawyer
Oct 17, 2008 11:10 pm
PLAINTIFF TRIPS AND FALLS IN TREE WELL; SUMMARY JUDGMENT FOR CITY Richmond v. City of Long Beach 2008 NY Slip Op 52064(U) Decided on October 2, 2008 Supreme...
1755
insurancelawyer
Oct 17, 2008 11:38 pm
Dear Readers: Well, I warned you last Friday that I was going to do it, and now I've done it. The manuscript of Rogak's New York No-Fault Law & Practice:...
1756
TheRogakReport@yahoog...
Oct 19, 2008 11:50 am
USEFUL INFORMATION REMINDER FROM LARRY ROGAK * Don't just get THE ROGAK REPORT by email; visit the newsletter site and search past issues for case law you...
1757
insurancelawyer
Oct 20, 2008 8:31 pm
AUTO ACCIDENT VICTIM IS NOT ENTITLED TO RECOUP NJ WORKERS COMP LIEN MONEY FROM HIS NY NO-FAULT CARRIER In the Matter of the Arbitration between John Rao and...
1758
insurancelawyer
Oct 21, 2008 3:48 pm
INSURED'S FAILURE TO TIMELY REPORT LOSS TO INSURER IS FATAL TO CLAIM, EVEN IF INSURED REPORTED SAME LOSS TO SAME INSURER UNDER A DIFFERENT POLICY Sorbara...
1759
insurancelawyer
Oct 21, 2008 3:57 pm
"VOLUNTEER" CONSTRUCTION WORKER GETS NO "SCAFFOLD LAW" PROTECTION, SAYS TOP COURT Stringer v. Musacchia 2008 NY Slip Op 07950 Decided on October 21, 2008...
1760
insurancelawyer
Oct 21, 2008 4:08 pm
CONTRACTOR MAY BE INDEMNIFIED FOR PORTION OF LIABILITY FOR WHICH ANOTHER CONTRACTOR IS AT FAULT, SAYS TOP COURT Brooks v. Judlau Contracting Inc. et al. 2008...
1761
insurancelawyer
Oct 21, 2008 4:36 pm
OBTAINING GOVERNMENT PERMIT FOR CONSTRUCTION WORK DOES NOT CREATE VICARIOUS LIABILITY FOR SUBCONTRACTOR'S NEGLIGENCE, SAYS TOP COURT Brothers v. New York State...
1762
insurancelawyer
Oct 22, 2008 6:42 pm
NO FAULT PROVIDER FAILS TO ESTABLISH MAILING OF BILLS Joseph Rockman LMT a/a/o Delilah Serrano v. Clarendon Natl. Ins. Co. 2008 NY Slip Op 52093(U) Decided on...
1763
insurancelawyer
Oct 26, 2008 2:12 am
EXPOSED TREE ROOTS JUST GO WITH THE TERRITORY; TRIP & FALL ACTION DISMISSED ON SUMMARY JUDGMENT Badalbaeva v. City of New York 2008 NY Slip Op 08075 Decided...
1764
insurancelawyer
Oct 26, 2008 2:12 am
WELL I'LL BE DARNED -- YOU CAN GET SUMMARY JUDGMENT BASED ON A PEER REVIEW! Elmont Open MRI & Diagnostic Radiology PC d/b/a All County Open MRI & Diagnostic...
1765
insurancelawyer
Oct 28, 2008 6:03 pm
ISSUE OF ASSIGNOR'S STATUS AS NEW YORK STATE RESIDENT PRECLUDES SUMMARY JUDGMENT Howard M. Rombon, Ph.D, P.C. a/a/o Francisca Ruiz-Diaz v. MVAIC 2008 NYSlipOp...
1766
insurancelawyer
Oct 28, 2008 6:09 pm
ATTORNEY'S UNAFFIRMED STATEMENT CANNOT SUPPORT PETITION TO VACATE ARB AWARD Valentin Avanessov a/a/o Azra Sabovic v. State-Wide Insurance Company 2008 NYSlipOp...
1767
insurancelawyer
Oct 30, 2008 1:45 am
LANDLORD HAD NO NOTICE OF MOLD THAT FORMED AFTER STEAM PIPE REPAIR, HOLDS TOP COURT Litwack v Plaza Realty Investors Inc. 2008 NY Slip Op 08158 Decided on ...
1768
insurancelawyer
Oct 30, 2008 9:18 pm
INSURED'S LACK OF KNOWLEDGE AS TO HOW CLAIMANT GOT INJURED EXCUSES LATE NOTICE 426-428 W. 46th St. Owners, Inc. v Greater N.Y. Mutual Insurance Company 2008 NY...
1769
insurancelawyer
Oct 31, 2008 2:51 pm
COURT FINDS PLAINTIFF TO BE "MEMBER OF HOUSEHOLD" OF INSURED, EXCLUDED FROM COVERAGE Korson v. Preferred Mutual Insurance Co. 2008 NY Slip Op 08298 Decided ...
1770
insurancelawyer
Oct 31, 2008 3:29 pm
FAILURE TO WEAR SEAT BELT REDUCES UM CLAIMANT'S AWARD BY 80% Matter of Mangano v United States Fire Ins. Co. 2008 NY Slip Op 08326 Decided on October 28, 2008...
1771
insurancelawyer
Oct 31, 2008 4:24 pm
COURT REJECTS "MULTIPLE CHEMICAL SENSITIVITY" SYNDROME AS UNSCIENTIFIC; EXPERT TESTIMONY PRECLUDED O'Brien v. Citizens Ins. Co. of Am. 2008 NY Slip Op...
