Friends: I am pleased to announce the publication of Volume 8, number 1 of Zalma's Insurance Fraud Letter posted at my site at http://www.zalma.com where you ...
186
therogakreport
Mar 1, 2004 8:20 pm
NO LIABILITY COVERAGE EXISTS FOR NON-OWNED TRAILERS BEING HAULED BY INSURED, UNLESS TRAILER ENDORSEMENT IS PART OF POLICY Andrew Mundo Inc. v. Liberty Mut....
187
adamsoderstrom
Mar 2, 2004 6:01 am
I have been an advocate of weighing passengers for years. Back in the days when I commuted to manhattan, I often felt I was being forced to "subsidize" the...
188
therogakreport
Mar 2, 2004 3:39 pm
(1) Sidewalk expansion joints (2) Baggage claim carousel injury SIDEWALK EXPANSION JOINT IS NOT A "DEFECT," NO LIABILITY FOR TRIP AND FALL Lacy v. New York...
189
therogakreport
Mar 2, 2004 9:44 pm
Topics: Scaffold Law; Sidewalk Special Use; Grave Injury AIRPORT CARGO LOADER HAS NO LABOR LAW CLAIM AFTER FALLING FROM FORKLIFT Erkocaj v. Port Authority of...
190
therogakreport
Mar 3, 2004 2:42 pm
CHIROPRACTORS CAN PRESCRIBE TENS UNITS AND OTHER DEVICES TO NO-FAULT PATIENTS ABC Medical Management Inc. a/a/o Narmy Velez v. GEICO, 770 NYS2d 610 (Civil...
191
therogakreport
Mar 5, 2004 12:05 am
NEGLIGENT ENTRUSTMENT FORMS BASIS FOR PARENTS' LIABILITY FOR INJURY CAUSED BY THEIR CHILD'S USE OF PAINTBALL GUN Adone v. Paletto, NYLJ 2/26/04 (Supreme Court,...
192
therogakreport
Mar 8, 2004 3:44 am
"RECALCITRANT WORKER DEFENSE" TO SCAFFOLD LAW CLAIM REQUIRES DISREGARD OF IMMEDIATE INSTRUCTION TO USE SAFETY DEVICE VACCA v. LANDAU INDUSTRIES LTD., 2004 WL...
193
therogakreport
Mar 9, 2004 2:52 pm
WHEN NEW YORK INSURED IS DRIVING OUT OF STATE, HIS AUTO POLICY MUST CONFORM TO BOTH THE UM LIMITS AND RULES OF THE OTHER STATE American Transit Insurance...
194
metterm627
Mar 9, 2004 6:43 pm
Something that might be overlooked out of the discussion with the way a NY policy has to conform to NJ financial responsibility laws and 'pick up' the NJ...
195
therogakreport
Mar 10, 2004 5:00 pm
U-HAUL'S SALE OF INDEMNITY PLANS MAKES IT THE CARRIER'S AGENT, SO CARRIER IS SUBJECT TO JURISDICTION IN NEW YORK CITY CIVIL COURT Heritage Medical Services PC...
196
therogakreport
Mar 11, 2004 5:24 pm
ALLEGATION OF INSURER'S FAILURE TO IMPLEAD OTHER PARTIES FOR CONTRIBUTION AND INDEMNIFICATION SUPPORTS BAD FAITH LAWSUIT Raquet v. Travelers Casualty & Surety...
197
therogakreport
Mar 12, 2004 7:27 pm
AIRLINES NOT LIABLE FOR EMOTIONAL DISTRESS WHICH IS NOT CAUSED BY PHYSICAL INJURY Ehrlich v. American Airlines, NYLJ 3/11/04 (2nd Circuit) The Federal Appeals...
198
therogakreport
Mar 16, 2004 3:50 am
IN NEVADA, RENTAL CAR COMPANY'S POLICY IS EXCESS TO RENTER'S PERSONAL AUTO POLICY IF DAMAGES EXCEED MINIMUM LIMITS Salas v. Allstate Rent a Car, 14 P.3d 511,...
199
therogakreport
Mar 16, 2004 4:46 pm
ONCE NO-FAULT CLAIM IS DENIED, INSURER IS NOT BOUND TO ISSUE TIMELY DENIALS WHEN SAME CLAIM IS RE-SUBMITTED Hospital For Joint Diseases a/a/o Irene Allen v....
200
therogakreport
Mar 17, 2004 3:44 pm
WHERE WHEEL COMES OFF TRUCK RIGHT AFTER STATE INSPECTION, TRUCK OWNER NOT NEGLIGENT BUT MECHANIC MIGHT BE Glenn v. Couvopoulo, NYLJ 3/16/04 (Supreme Court,...
201
therogakreport
Mar 18, 2004 4:51 pm
... DRINKER HAS NO DRAM SHOP ACTION AGAINST BAR THAT SERVED HIM Butler v. New York City Transit Authority, 770 NYS2d 317 (1st Dept 2004) Plaintiff got drunk at...
202
therogakreport
Mar 19, 2004 7:55 pm
AUTO INSURER'S DISCLAIMER, ISSUED 31 DAYS AFTER LEARNING FACTS SUPPORTING IT, IS TIMELY IF COUNSEL'S OPINION WAS SOUGHT New York Central Mutual Fire Insurance...
203
therogakreport
Mar 22, 2004 3:29 pm
DEFENSE COUNSEL'S LOSS OF KEY EVIDENCE LEADS TO SUMMARY JUDGMENT FOR PLAINTIFF BASED ON SPOLIATION Miller v. Weyerhaeuser Company et al., 3 A.D.3d 627, 771...
204
therogakreport
Mar 23, 2004 2:44 pm
Dear Readers: The server that hosts our "rogak.com" email boxes has been down since last Thursday, 3/18. We are in the process of moving to a new email server...
205
therogakreport
Mar 23, 2004 3:04 pm
MISCONDUCT BY PLAINTIFF'S ATTORNEY AT TRIAL RESULTS IN VERDICT BEING VACATED AND NEW TRIAL ORDERED Johnson v. Lazarowitz, 771 NYS2d 534 (2d Dept 2004) ...
206
therogakreport
Mar 23, 2004 9:17 pm
Dear Readers: I normally don't clutter my website with material outside the scope of insurance claims. However, this is a compelling exception. The Animal...
207
therogakreport
Mar 24, 2004 3:36 pm
APIP SUBROGATION SUIT MUST BE BROUGHT WITHIN 3 YEARS OF ACCIDENT DATE, SAYS TOP COURT Allstate Insurance Company a/s/o Walker v. Stein, 2004 WL 306043 (Court...
208
therogakreport
Mar 25, 2004 2:35 pm
PENNSYLVANIA INSURED WHO MOVES TO NEW YORK WITHOUT NOTIFYING INSURER STILL GETS BENEFIT OF NEW YORK STATUTE OF LIMITATIONS IN PIP SUIT Kaszak v. Liberty Mutual...
209
therogakreport
Mar 26, 2004 7:20 pm
COURT OF APPEALS STRIKES DOWN MUNICIPAL LIABILITY FOR MOST LEAD PAINT LAWSUITS Pelaez v. Seide (and) Harris v. Llewellyn, NYLJ 3/26/04 (Court of Appeals 2004) ...
210
therogakreport
Mar 29, 2004 7:45 pm
NO-FAULT CLAIMANT CANNOT COLLECT PROJECTED LOST EARNINGS FROM NEW CAREER WHICH WAS ONLY A DREAM ON DATE OF ACCIDENT Sharpe v. Webb and Allstate Ins. Co., 771...
211
therogakreport
Mar 30, 2004 7:55 pm
INSURANCE CARRIER MUST PAY DEFENSE COUNSEL ITS REGULAR HOURLY RATE FOR WORK PERFORMED AFTER FLAT FEE ARRANGEMENT EXPIRES Selective Insurance Company of America...
212
therogakreport
Mar 31, 2004 4:35 pm
HEALTH INSURER MAY NOT ASSERT SUBROGATION RIGHTS ON AN INSURED'S PERSONAL INJURY VERDICT BUT IT CAN DO SO FOR A SETTLEMENT Niemann and New York Life Insurance...
213
therogakreport
Apr 1, 2004 3:00 pm
Dear Readers: Traditionally, for my April 1 Rogak Report each year, I make up wacky lawsuit stories. The problem is, many real lawsuits are so wacky that it...
214
Barry Zalma
bzalma
Apr 1, 2004 4:27 pm
Friends: ClaimSchool announces that it has published at http://www.zalma.com/webdoc8.htm the April 1, 2004 issue of Zalma's Insurance Fraud Letter Volume 8,...
