TAXI PASSENGER GETS NO COVERAGE FOR OPENING CAR DOOR INTO BICYCLIST'S PATH: NO USE OR OPERATION INVOLVED Kohl v. American Transit Ins. Co. 2009 NY Slip Op...
1913
insurancelawyer
Mar 3, 2009 3:34 am
PUNK ROCK FAN ASSUMES RISK OF INJURY IN MOSH DANCING, EVEN IF HE IS ONLY A SPECTATOR Schoneboom v B.B. King Blues Club, 2009 NY Slip Op 30419(U) (Supreme ...
1914
insurancelawyer
Mar 4, 2009 6:16 am
BURDEN IS ON MVAIC TO PROVE THAT CLAIMANT IS NOT A 'QUALIFIED PERSON' Kipor Medicine P.C. a/a/o Micheline Polynice v. MVAIC 2009 NY Slip Op 29085 Decided on...
1915
jakemsu11
Mar 4, 2009 6:21 am
Dear Sir: Does a primary health care insurer have a right of reimbursement from a NY no-fault insurer for a medical bill (for ambulance services)after the...
1916
Barry Zalma
bzalma
Mar 4, 2009 5:29 pm
Insurance Fraud News The March 1, 2009 issue of Zalma's Insurance Fraud Letter (ZIFL) starts with a fictional piece by Barry Zalma called "How Not To Commit...
1917
Barry Zalma
bzalma
Mar 5, 2009 3:35 am
"The Need for Insurance Fraud Criminal Statutes And Prosecution of Insurance Fraud" (c) 2009 Barry Zalma Plaintiffs39; lawyers are concerned about the effect of...
1918
insurancelawyer
Mar 5, 2009 11:50 pm
THOUGH PROVIDER IS ENTITLED TO IME REPORT ON DEMAND, THERE IS NO SANCTION FOR INSURER'S FAILURE TO PROVIDE IT Richard Morgan D.O., P.C. a/a/o Henry Ellis v....
1919
insurancelawyer
Mar 5, 2009 11:50 pm
The Law Office of Lawrence N. Rogak LLC needs an experienced no-fault defense paralegal who is fully familiar with interrogatories, motions, and no-fault...
1920
insurancelawyer
Mar 6, 2009 12:30 am
Dear Readers: This is one of my Rogak Rants. It has nothing to do with insurance law. For those of you who don't care to read my opinions, stop here....
1921
Barry Zalma
bzalma
Mar 6, 2009 4:18 pm
Well said, Larry. Unfortunately there are more people who pay no taxes than those that do and too many who believe there is a free lunch. Crime has paid for...
1922
insurancelawyer
Mar 6, 2009 5:28 pm
DEFECTS IN COMPLAINT, AND IMPROPER SERVICE, WAIVED BY DEFENDANT'S FAILURE TO MAKE MOTION WITHIN 60 DAYS John M. Horvath, DC, PC a/a/o Andrew Amitrano v....
1923
insurancelawyer
Mar 6, 2009 6:24 pm
COURT CALCULATES NO-FAULT INTEREST SEPARATELY FOR EACH BILL'S DUE DATE Gokey v Blue Ridge Ins. Co. 2009 NY Slip Op 50361(U) Decided on January 21, 2009...
1924
Roy A. Mura
royamura
Mar 6, 2009 7:33 pm
Larry - 1. Excess coverage: The claimant probably had a BAP in his name with PIP coverage. As the named insured, he would qualify as an EIP...
1925
insurancelawyer
Mar 9, 2009 10:15 pm
Back on 29 August 2007, I reported the decision of the Appellate Term, Second Department in Delta Diagnostic Radiology v. Chubb Group ...
1926
insurancelawyer
Mar 10, 2009 8:09 pm
WHICH PART OF "YOU CAN'T PROVE PRIMA FACIE WITHOUT A WITNESS IN THE SECOND DEPARTMENT" DIDN'T YOU UNDERSTAND? Dilon Med. Supply Corp. a/a/o Martine Dedev...
1927
insurancelawyer
Mar 11, 2009 11:28 pm
PRE-CLAIM EUO REQUESTS NEED NOT BE SENT TO CLAIMANT'S ATTORNEY, AND CAN FORM BASIS FOR SUMMARY JUDGMENT Prime Psychological Servs., P.C. a/a/o Andrea Ortiz v....
1928
insurancelawyer
Mar 12, 2009 12:59 am
Dear Readers: The New York State Bar Association has just published a new legal treatise called The Plaintiff's Personal Injury Action In New York State. ...
1929
insurancelawyer
Mar 12, 2009 10:58 pm
INSURER'S NON-RECEIPT OF DEFAULT JUDGMENT RESULTS IN HAVING TO PAY IT, DESPITE DISCLAIMER Maldonado v. State Farm Mut. Auto. Ins. Co. 2009 NY Slip Op 50412(U)...
1930
Barry Zalma
bzalma
Mar 16, 2009 5:16 pm
Friends: I just published the following white paper. The link below is case sensative: Is Fortuity Dead in California? (C) 2009 Barry Zalma Contrary to...
1931
crimson43h
Mar 17, 2009 6:45 pm
Back in 2005 the General Counsel for the N.Y.S. Insurance Dept. provided an opinion that a no-fault insurer can contract with a PPO. In reading this I am...
1932
insurancelawyer
Mar 17, 2009 9:22 pm
EVEN IF INSURER ADMITS RECEIPT OF MEDICAL BILL AT TRIAL, PLAINTIFF CAN'T PROVE PRIMA FACIE CASE WITHOUT A WITNESS PDG Psychological, P.C. a/a/o Cynthia...
1933
insurancelawyer
Mar 17, 2009 9:39 pm
BECAUSE NJ RESIDENT WAS DRIVING NJ CAR WITH NJ POLICY, NJ LAW APPLIES TO NY AUTO ACCIDENT Careplus Medical Supply, Inc. a/a/o Luis Gomez v. Elective Ins. Co....
1934
insurancelawyer
Mar 18, 2009 9:14 am
BECAUSE NJ RESIDENT WAS DRIVING NJ CAR WITH NJ POLICY, NJ LAW APPLIES TO NY AUTO ACCIDENT Careplus Medical Supply, Inc. a/a/o Luis Gomez v. Elective Ins. Co....
1935
insurancelawyer
Mar 18, 2009 11:37 pm
PAYING ACUPUNCTURIST AT CHIROPRACTIC RATES IS OK, RULES COURT; COMPLAINT DISMISSED Midwood Acupuncture, P.C. a/a/o Yensi Allen v. Allstate Ins. Co. 2009 NY...
1936
insurancelawyer
Mar 19, 2009 12:01 am
NO FAULT INSURER CAN'T GET EBT OF NO-FAULT ASSIGNOR BY NOTICE, BUT CAN GET BLOOD TEST DETAILS FROM HOSPITAL Westchester Medical Center a/a/o Donald Gjelaj v...
1937
insurancelawyer
Mar 19, 2009 11:35 pm
Dear Readers: In the legal biz, when a person graduates law school, passes the bar exam, and is going through the process of approval by the Character & ...
1938
insurancelawyer
Mar 19, 2009 11:54 pm
IF AUTO ACCIDENT VICTIM CAN'T MEET THRESHOLD, ALL DEFENDANTS GET SUMMARY JUDGMENT Rose v Citywide Auto Leasing, Inc. 2009 NY Slip Op 01913 Decided on March...
1939
insurancelawyer
Mar 20, 2009 1:02 am
There are three words to live by: "Fast," "Cheap," and "Good." For anything in life, you can pick any two. Just two. If it's fast and cheap it won't be good....
1940
insurancelawyer
Mar 25, 2009 12:48 am
DESPITE PEER DOCTOR'S RELIANCE ON OTHER PROVIDERS' MEDICAL RECORDS, OPINION IS SUFFICIENT TO DISMISS COMPLAINT PLP Acupuncture, P.C. a/a/o Ramon Hernandez v....
1941
insurancelawyer
Mar 25, 2009 3:00 am
MRIs ARE NOT NECESSARY FOR SPRAINS, COURT RULES Doshi Diagnostic Imaging Services a/a/o Rosie Angrand v. State Farm Ins. Co., (unreported) District Court,...