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...
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?...
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...
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...
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...
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...
Friends: I have published the April issue of Zalma's Insurance Fraud Letter at http://www.zalma.com. In it you can read, among other things: The Silicosis...
CONFLICTING JUDGMENTS ON COVERAGE IN SUITS BY DIFFERENT CLAIMANTS DO NOT COLLATERALLY ESTOP THE COVERAGE ISSUE IN SUIT BY NEW CLAIMANT Gaston v American...
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...
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...
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 ...
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 ...
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...
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 ...
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...
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 ...
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...
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,...
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...
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...
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...
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...
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...
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 ...
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 ...
COURT STRIKES PUNITIVE DAMAGES CLAIM IN SUIT OVER DENIAL OF LIABILITY COVERAGE; DISTINCTION DRAWN BETWEEN "PUNITIVE"; AND "CONSEQUENTIAL" Silverman v. State...
WITHOUT PROOF THAT VEHICLE WAS USED "PRINCIPALLY" FOR LIVERY, ONE-TIME USE DOES NOT QUALIFY FOR PIP LOSS TRANSFER Matter of Progressive Northeastern Insurance...
Larry Rogak's NO-FAULT BAR & GRILLTM Hey, it's Thanksgiving week. Let's loosen our ties -- aw, what the heck, let's go all the way and take our ties off...
TIMELINESS OF NON-COOPERATION DISCLAIMER IS FACT-DEPENDENT, PRECLUDING SUMMARY JUDGMENT Continental Casualty Company v. Stradford 2008 NY Slip Op 09256 ...
