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...
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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,...
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therogakreport
Apr 2, 2004 7:04 pm
Some food for thought: we all know that every industry has lobbyists who are paid to influence our elected officials. Both individuals and Political Action...
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therogakreport
Apr 2, 2004 8:46 pm
A FEW LETTERS FROM PUBLIC TO COUNTY ABOUT DRAG RACING ON PUBLIC STREET DO NOT IMPOSE A DUTY ON COUNTY TO TAKE ACTION Jacofsky v. Hart, NYLJ 4/02/04 (Supreme...
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therogakreport
Apr 5, 2004 5:15 pm
TOP COURT HOLDS THAT SEXUAL ASSAULT BY AN EMPLOYEE ON PATRON IS AN "ACCIDENT"; FROM INSURED'S STANDPOINT RJC Realty Holding Corp. v. Republic Franklin Insurance...
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therogakreport
Apr 7, 2004 9:03 am
GASOLINE TANKER TRUCK, STRUCK BY AUTO, IS STRICTLY LIABLE FOR GASOLINE SPILL Matera v. Mystic Transportation Inc. et al., 764 NYS2d 458 (2d Dept 2004) This...
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therogakreport
Apr 8, 2004 9:47 am
EMPLOYER DID NOT COMMIT TORT OR VIOLATE LAW BY REQUIRING EMPLOYEE TO USE BREAST PUMP DURING BREAKS RATHER THAN ON COMPANY TIME Landor-St. Gelais v. Albany...
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therogakreport
Apr 9, 2004 8:30 am
"NOTICE OF INTENTION TO ARBITRATE" SERVES SAME PURPOSE AS "DEMAND FOR ARBITRATION" AND STARTS THE 20-DAY CLOCK RUNNING FOR A STAY Nationwide Insurance Co v....
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therogakreport
Apr 9, 2004 4:16 pm
APPELLATE DIVISION CHANGES BURDEN OF PROOF IN ATTORNEY MALPRACTICE CASES Lindenman v. Kreitzer, NYLJ 4/09/04 (1st Dept 2004) The First Department has overruled...
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therogakreport
Apr 12, 2004 6:30 pm
BIOFEEDBACK BILLS QUALIFY FOR NO-FAULT; INSURER'S EXPERT WITH PH.D IN PSYCHOLOGY REJECTED Queens Boulevard Medical a/a/o Zinaida Ilyave v. Travelers Indemnity ...
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therogakreport
Apr 13, 2004 4:40 pm
NO-FAULT INSURER CANNOT DEFEND CLAIM BASED ON FRAUD DEFENSE IF DENIAL IS LATE Ocean Diagnostic Imaging a/a/o Sahara Abbott v. Utica Mutual Insurance Co.,...
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asoderstrom2003
Apr 13, 2004 6:22 pm
In a nutshell, it sounds like the court is saying, "if there is fraud, but you don't deny it timely, then the 'fraudster' is entitled to reap the benefits of...
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asoderstrom2003
Apr 13, 2004 6:28 pm
This case does bring up an interesting issue, aside from the merits of the case itself. THink of it this way.... I pay you to be my defense counsel. I send you...
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therogakreport
Apr 14, 2004 1:05 pm
N.Y. Builders to Form Own Liability Insurer (Associated Press) Having seen the pool of private insurers selling them policies dry up, home builders in New York...
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therogakreport
Apr 14, 2004 4:01 pm
COURT OF APPEALS NIXES USE OF EBT TRANSCRIPT AT TRIAL WHEN PARTY VOLUNTARILY LEAVES THE STATE Dailey v. Keith, 1 N.Y.3d 586 (Court of Appeals 2004) An appeal...
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therogakreport
Apr 14, 2004 6:09 pm
This is my response to Mr. Soderstrom's post about Travelers' defense counsel in the no-fault case where the court rejected the insurer's expert: In all...
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asoderstrom2003
Apr 14, 2004 8:54 pm
Mr. Rogak's response is, as usual, well thought out and well written. The points are well taken, and appreciated. The definition of malpractice, however,...
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therogakreport
Apr 15, 2004 6:03 pm
WHERE COMP LIEN EXCEEDS THIRD PARTY RECOVERY, STATE INSURANCE FUND AND LAWYER GET PAID AND PLAINTIFF GETS NOTHING Miszko v. Gress et al., 772 NYS2d 723 (3d...
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therogakreport
Apr 16, 2004 9:55 pm
IN LABOR LAW CASE, ADDITIONAL INSURED, FOUND PARTLY AT FAULT, IS COVERED FOR STATUTORY LIABILITY FOR NAMED INSURED'S NEGLIGENCE Crespo v. City of New York, et...
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therogakreport
Apr 19, 2004 3:55 pm
COURT OK'S ITS OWN USE OF PARTY'S WEBSITE INFO TO REFUTE POSITION TAKEN BY THAT PARTY; NO-FAULT INSURER CHASTISED ON VENUE ISSUE N.Y.C. Medical And...
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therogakreport
Apr 20, 2004 4:36 pm
"DRIVE OTHER CAR" ENDORSEMENT DOES NOT COVER CARS OWNED BY INSURED'S OFFICERS Atlantic Mutual Insurance Companies v. Ceserano, 773 NYS2d 80 (2d Dept 2004) ...
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therogakreport
Apr 21, 2004 2:07 pm
INSOLVENCY OF ADVERSE DRIVER'S INSURER TRIGGERS SUM, BUT NOT UM, COVERAGE Eagle Insurance Company v. Hamilton et al., 773 NYS2d 68 (2d Dept 2004) Hamilton had...
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therogakreport
Apr 22, 2004 1:31 pm
Dear Readers: When I review all the new court decisions every day I select the one which I feel will be of most interest to my readers. But there are hundreds...
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therogakreport
Apr 22, 2004 1:39 pm
INSURED'S THIRD-PARTY COVERAGE ACTION AGAINST INSURER MUST BE SEVERED FROM MAIN ACTION AGAINST INSURED FOR SUBROGATION Christensen et al. v. Weeks v. New York...
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therogakreport
Apr 25, 2004 2:59 am
This question came up on a case involving one of our clients, so I thought I would share the information with all of you since it potentially affects...
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therogakreport
Apr 26, 2004 4:48 pm
HEAVY CHAIN STRUNG BETWEEN POSTS AROUND PROPERTY IS AN OPEN AND OBVIOUS CONDITION Plis v. North Bay Cadillac, 773 NYS2d 451 (2d Dept 2004) Plaintiff tripped...
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therogakreport
Apr 27, 2004 5:39 pm
I will be the guest speaker this evening at the meeting of the TRI COUNTY INDEPENDENT INSURANCE AGENTS ASSOCIATION, INC. My topic will be "Insurance Broker...
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therogakreport
Apr 27, 2004 7:29 pm
WORKER SPRAYING PESTICIDE ONTO ROOF DOES NOT HAVE A SCAFFOLD LAW CLAIM WHEN HE FALLS FROM LADDER Vanderwiele v. Steiglehner et al., 773 NYS2d 849 (Supreme...
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therogakreport
Apr 28, 2004 4:43 am
WORKERS COMP LOST WAGE BENEFITS GET DEDUCTED FROM NO-FAULT LOST WAGE BENEFITS What is the interplay between workers comp lost wage benefits and no- fault lost...
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therogakreport
Apr 29, 2004 5:55 pm
AUTO SUBROGATION CASE SUBMITTED TO COURT WITH STIPULATION OF FACTS WAS DECIDED ON INSUFFICIENT EVIDENCE New York Central Mutual Fire Ins. Co. v. Bellini and...
