Friends: I published to my site, http://www.zalma.com <http://www.zalma.com/> the December 1, 2008 issue of Zalma's Insurance Fraud Letter that marks the ...
1816
insurancelawyer
Dec 2, 2008 4:39 pm
LANDLORD HAS NO LIABILITY FOR INJURY WHEN STAIRWAY IS LEFT DARK DUE TO BLACKOUT Kopsachilis v 130 E. 18 Owners Corp. 2008 NY Slip Op 09431 Decided on ...
1817
insurancelawyer
Dec 2, 2008 10:16 pm
WHEN HEALTH INSURER AND NO-FAULT INSURER PAY SAME MEDICAL BILL, HEALTH INSURER HAS REIMBURSEMENT RIGHT Richards v. United Health Services et al., 121 A.D.2d...
1818
insurancelawyer
Dec 9, 2008 10:58 pm
A.M. Med., P.C. a/a/o Arkadiy Yusufov v. State Farm Mut. Ins. Co. 2008 NYSlipOp 28487 Decided on December 3, 2008 Appellate Term, Second Department Edited...
1819
insurancelawyer
Dec 9, 2008 11:34 pm
DJS Med. Supplies, Inc. a/a/o Anatoliy Dashkevich v American Tr. Ins. Co. 2008 NYSlipOp 52456(U) Decided on December 3, 2008 Appellate Term, Second...
1820
insurancelawyer
Dec 9, 2008 11:49 pm
REMINDER: IN THE SECOND DEPARTMENT, YOU CAN'T MAKE OUT A PRIMA FACIE CASE WITH JUST A NOTICE TO ADMIT Psychmetrics Med., P.C. a/a/o Rafael DeLeon v. Travelers...
1821
insurancelawyer
Dec 10, 2008 12:00 am
DR. ARTHUR LUBAN AND SOME OF HIS MEDICAL CORPORATIONS ORDERED TO REPAY NO-FAULT BENEFITS TO UTICA MUTUAL Utica National Ins. Group v. Arthur Luban, Providian...
1822
insurancelawyer
Dec 10, 2008 9:32 pm
The galleys are back from the publisher, and I am proofreading them now. Rogak's New York No-Fault Law & Practice: 2009 Edition outdoes the first edition in a...
1823
insurancelawyer
Dec 10, 2008 11:21 pm
IF INSURER GETS TIMELY NOTICE OF ACCIDENT, IT MUST SHOW PREJUDICE TO DISCLAIM DUE TO LATE NOTICE OF LAWSUIT American Transit Ins. Co. v. Rechev of Brooklyn,...
1824
insurancelawyer
Dec 11, 2008 6:56 pm
Yes you can, says the State Insurance Department! [New York State Seal] STATE OF NEW YORK INSURANCE DEPARTMENT 25 BEAVER STREET NEW YORK, NEW YORK 10004 George...
1825
insurancelawyer
Dec 11, 2008 7:18 pm
Dear Readers: A client has asked me a question which I would like to share with all of you. The question is, "When a claimant is collecting workers comp ...
1826
insurancelawyer
Dec 11, 2008 7:33 pm
Dear Readers: Here is another very interesting question I've been asked: "Do payments of interest and attorney's fees in no-fault awards count towards...
1827
Louis Schepp
ljschepp
Dec 11, 2008 8:28 pm
The statement in the Opinion "The automobile insurance policy provides for no-fault wage loss reimbursement of $2,000 per month and has an aggregate limit of...
1828
Louis Schepp
louis.schepp
Dec 11, 2008 8:45 pm
I have to disagree. The policy limits are limits of "Basic Economic Loss" and as interest and attorney's fees are not part of the definition of "Basic...
1829
insurancelawyer
Dec 12, 2008 2:53 am
Dear Readers: Earlier today, I posted an opinion from the Insurance Department which states that payment of statutory attorney's fees reduces PIP limits, as ...
1830
insurancelawyer
Dec 12, 2008 7:46 pm
Dear Readers: Roy Mura, who writes the Coverage Counsel <http://nycoveragecounsel.blogspot.com/> blog, takes me to task in his entry of 12 December in which...
1831
insurancelawyer
Dec 12, 2008 8:36 pm
NO-FAULT IMEs CAN BE PERFORMED BY ANY LICENSED HEALTH PROFESSIONAL, NOT JUST PHYSICIANS Allstate Social Work a/a/o Daniel Jocelyn et al. v Utica Mutual ...
1832
insurancelawyer
Dec 12, 2008 9:15 pm
Dear Readers: For the past day or so, opinions have been flying back and forth on the question of whether interest and attorney fees reduce available PIP ...
1833
TheRogakReport@yahoog...
Dec 14, 2008 12:23 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...
1834
insurancelawyer
Dec 16, 2008 11:35 pm
CIGARETTE'S ONLY FUNCTION IS TO SATISFY SMOKER, AND "LIGHTS" DON'T SATISFY, SO... NO LIABILITY Adamo v Brown & Williamson Tobacco Corp., & c. 2008 NY Slip Op...
1835
insurancelawyer
Dec 16, 2008 11:35 pm
CONFLICTING JUDGMENTS ON COVERAGE IN SUITS BY DIFFERENT CLAIMANTS DO NOT COLLATERALLY ESTOP THE COVERAGE ISSUE IN SUIT BY NEW CLAIMANT Gaston v American...
1836
Barry Zalma
bzalma
Dec 16, 2008 11:55 pm
Friends: The December 15, 2008 issue of Zalma's Insurance Fraud Letter has been published at http://www.zalma.com <http://www.zalma.com/> . In this issue you...
1837
insurancelawyer
Dec 18, 2008 5:44 pm
IF "BIG APPLE" MAP SENT TO CITY DOES NOT DESCRIBE THE DEFECT THAT CAUSED THE ACCIDENT, THEN CITY HAS NO PRIOR WRITTEN NOTICE D'Onofrio et al. v. City of New...
1838
Barry Zalma
bzalma
Dec 18, 2008 11:03 pm
Friends New E-Book to Get the Truth From Anyone About Anything Barry Zalma has rewritten his seminal work on interviewing as an e-book. It provides materials...
1839
insurancelawyer
Dec 19, 2008 2:20 pm
An Order To Show Claus copyright 1998, 2008 by Lawrence N. Rogak Up at the North Pole Twenty-fourth of December Was shaping up well As a night to remember The...
1840
insurancelawyer
Dec 19, 2008 5:07 pm
The Flight Before PIP-mas by Larry Rogak copyright 2007, all rights reserved T'was the week before Christmas Lawyers groaned and they squealed As they read the...
1841
insurancelawyer
Dec 19, 2008 6:55 pm
ISSUES OF FACT AS TO TRIVIAL DEFECT PRECLUDE SUMMARY JUDGMENT IN TRIP AND FALL Delores Beck v. The Port Authority of New York and New Jersey and Delta Airlines...
1842
insurancelawyer
Dec 19, 2008 9:02 pm
EMERGENCY DOCTRINE IS COMPLETE DEFENSE FOR BUS STRUCK BY OUT OF CONTROL TRUCK Tania Ligon v. New York City Transit Authority et al., (Supreme Court, Richmond...
1843
insurancelawyer
Dec 23, 2008 8:48 pm
Stumped as to what to give as that last-minute gift to those people who you don't care that much about, but whom you have to give that obligatory holiday gift?...
1844
insurancelawyer
Dec 23, 2008 9:20 pm
EUO NO-SHOW DENIAL UPHELD, EVEN THOUGH EUO DEMAND NOT SENT UNTIL 10 WEEKS AFTER DELAY LETTER In the Matter of the Arbitration between J&B Acupuncture and State...