CLASS ACTION AGAINST GEICO BY MEDICAL SUPPLY COMPANIES IS REJECTED, BUT ONLY BECAUSE PROPOSED REPRESENTATIVE HAS PROBLEMS Globe Surgical Supply a/a/o Remy...
1851
insurancelawyer
Jan 3, 2009 8:14 pm
CLEANUP AND PAYMENT OF ALL ACTUAL DAMAGES FROM NEIGHBOR'S OIL LEAK IS ENOUGH; NO PROOF OF LOWERED PROPERTY VALUE Fusco v. State Farm Fire & Cas. Co. 2008 NY...
1852
insurancelawyer
Jan 6, 2009 10:08 pm
WHEN CLAIM FORM SAYS "INDEPENDENT CONTRACTOR, INSURER GETS SUMMARY JUDGMENT, EVEN IF SERVICES WERE PROVIDED BY AN EMPLOYEE A.M. Med. Servs., P.C. a/a/o Sergo...
1853
insurancelawyer
Jan 6, 2009 10:10 pm
UM CLAIMANT WHO "RENEWED" HIS DEAD FATHER'S POLICY SEVERAL TIMES IS NOT A "COVERED PERSON" Claimant was resident of a "ghost's" household, says Supreme Court ...
1854
insurancelawyer
Jan 6, 2009 11:48 pm
DESPITE DEFECTIVE DENIAL, NO-FAULT CLAIM FOR HOUSEHOLD HELP IS LIMITED TO $25 PER DAY In the Matter of the Arbitration between: Unnamed Applicant and New York ...
1855
insurancelawyer
Jan 7, 2009 12:32 am
Peter Connely DC a/a/o Mohammad Kifayeh v Progressive Casualty Insurance Co. 2008 NYSlipOp 52589(U) Decided on December 31, 2008 Appellate Term, Second...
1856
insurancelawyer
Jan 9, 2009 12:15 am
DID POOL COLLAPSE DUE TO LIGHTNING STRIKE? OR WEAR AND TEAR? ISSUE OF FACT FOUND TO EXIST Lynch v. Liberty Mutual Fire Ins. Co. 2009 NY Slip Op 00091...
1857
insurancelawyer
Jan 10, 2009 1:49 am
"FEE SCHEDULE DEFENSE" IS NOT PRESERVED BY PAYMENT OF CORRECT FEE ALONE; TIMELY DENIAL IS ALSO NECESSARY Yklik, Inc. a/a/o Tammy Agosto v. Allstate Ins. Co....
1858
insurancelawyer
Jan 14, 2009 5:26 pm
NO FAULT INSURER'S DEFENSE THAT ANOTHER INSURER WAS PRIMARY, REQUIRES DISMISSAL OF SUIT AND SUBMISSION TO ARBITRATION Ave T MPC, Corp. a/a/o Cheryl Brown v....
1859
insurancelawyer
Jan 14, 2009 9:36 pm
DEFECTIVE "JURAT" ON DEFENDANT'S AFFIDAVIT IS IMMATERIAL; NO REASON TO DENY SUMMARY JUDGMENT TO DEFENDANT Complete Orthopedic Supplies, Inc. a/a/o Ana...
1860
insurancelawyer
Jan 14, 2009 9:45 pm
SECOND DEPARTMENT REMINDS THE IGNORANT THAT NO-FAULT PLAINTIFFS CANNOT MAKE OUT A PRIMA FACIE CASE WITH A NOTICE TO ADMIT All Mental Care Medicine, P.C. a/a/0...
1861
insurancelawyer
Jan 14, 2009 9:57 pm
INSURER SHOULD HAVE BEEN PERMITTED TO AMEND ANSWER TO ASSERT DEFENSES BASED ON PRIOR ARBITRATION Uptodate Med. Serv., P.C. a/a/o Jean Alberic v State Farm Mut....
1862
insurancelawyer
Jan 14, 2009 10:05 pm
INSURER'S ADMISSION THAT IT RECEIVED CLAIM FORM IS NOT AN ADMISSION THAT CONTENTS ARE CORRECT, AND DO NOT MAKE PLAINTIFF'S PRIMA FACIE CASE Vista Surgical...
1863
insurancelawyer
Jan 15, 2009 6:10 pm
INSURED'S "DEFENSIVE BEAR HUG" TO STOP ASSAILANT DOES NOT QUALIFY AS AN "INTENTIONAL ACT" FOR EXCLUSION PURPOSES Clayburn v. Nationwide Mut. Fire Ins. Co....
1864
Barry Zalma
bzalma
Jan 15, 2009 6:35 pm
Is California Helping People Commit Fraud? The January 15, 2009 issue of Zalma’s Insurance Fraud Letter (ZIFL) reports on the fact that, in California, by...
1865
insurancelawyer
Jan 15, 2009 9:19 pm
New York: 01/15/09, 4:12 PM U.S. Air flight 1549 from New York's LaGuardia airport to Charlotte crashed landed into the Hudson River moments after takeoff. The...
1866
insurancelawyer
Jan 16, 2009 3:05 am
When somebody asks you to name a hero, be sure to remember the name Chesley B. "Sully" Sullenberger. Captain Sullenberger is the pilot who brought US Airways...
1867
insurancelawyer
Jan 16, 2009 9:04 pm
Dear Readers: Legal blogger Roy Mura posted the following epitaph to New York's "no prejudice" rule for the late notice defense, along with a fine explanation...
1868
insurancelawyer
Jan 19, 2009 8:39 pm
At the risk of overshadowing and upstaging President Obama's inauguration tomorrow, I have just received the news that Rogak's New York No-Fault Law &...
1869
insurancelawyer
Jan 21, 2009 1:59 am
INJURED PATRON WHO SAID "I'M CLUMSY" AND "DON'T WORRY" JUSTIFIED INSURED'S FAILURE TO REPORT INCIDENT Kambousi Rest., Inc. v Burlington Ins. Co. 2009 NY Slip...
1870
insurancelawyer
Jan 21, 2009 7:41 pm
Could This Be Camelot Again? Essay by Lawrence N. Rogak As President Obama begins his term of office, some of the comparisons with John F. Kennedy are obvious,...
1871
insurancelawyer
Jan 21, 2009 7:55 pm
Rogak's New York No-Fault Law & Practice 2009 Edition is now available on Amazon.com. More than 740 action-packed pages so chock-full of no-fault knowledge...
1872
insurancelawyer
Jan 21, 2009 10:47 pm
THOUGH STAIRCASE HAD VIOLATIONS, DEAD PLAINTIFF'S ESTATE CANNOT PROVE CAUSATION OF UNWITNESSED TUMBLE Steinberger v S&H Greek Restaurant, Inc., 2009 NY Slip Op...
1873
insurancelawyer
Jan 22, 2009 7:54 pm
WHETHER BUILDING COLLAPSED DUE TO SINKHOLE OR WATER MAIN BREAK, IS A QUESTION OF FACT; NO SUMMARY JUDGMENT Simmons v. Dryden Mutual Insurance Company 2009 NY...
1874
insurancelawyer
Jan 22, 2009 8:09 pm
Rogak's New York No-Fault Law & Practice: 2009 Edition is now available on Amazon.com. More than 740 action-packed pages so chock-full of no-fault knowledge...
1875
Barry Zalma
bzalma
Jan 22, 2009 9:17 pm
More than 13 Years of Fraud News The January 1, 2009 issue of Zalma's Insurance Fraud Letter (ZIFL) starts the new year with articles that are useful to any...
1876
insurancelawyer
Jan 22, 2009 10:37 pm
Dear Readers: Nobody loves animals more than I do. In fact, I heartily agree with Mark Twain when he said that the principal difference between a dog and a...
1877
insurancelawyer
Jan 23, 2009 6:29 pm
'Zappanale' Wins in Court Against Gail Zappa [A giant bust of Frank Zappa graces the town center of Bad Doberan in northern Germany. ] ...
1878
insurancelawyer
Jan 23, 2009 8:12 pm
COURTS MAY TAKE JUDICIAL NOTICE OF FEDERAL MEDICAL BILLING & DIAGNOSTIC CODES Kingsbrook Jewish Medical Center a/a/o Thresiamm Valiaparambil v. Allstate Ins....
1879
insurancelawyer
Jan 27, 2009 2:51 am
CAR DEALER HAS NO LIABILITY FOR SALE TO ELDERLY CUSTOMER WHO CAUSES ACCIDENT Cook v. Schapiro and Mt. Kisco Chevrolet et al. 2009 NY Slip Op 00328 Decided on...
