In today's Rogak No-Fault Blog: When a claimant fails to show for "pre-claim" IMEs or EUOs, what are the insurer's rights? Find out! ...
2557
Lawrence
insurancelawyer
Dec 6, 2010 8:51 pm
In today's Rogak No-Fault Blog: When a customer's car is in the shop and he takes out a loaner car and gets into an accident, who pays PIP: the customer's own...
2558
Lawrence
insurancelawyer
Dec 6, 2010 9:43 pm
INSUREDS' 61-DAY DELAY IN NOTIFYING INSURER OF WATER DAMAGE IS FATAL TO CLAIM See Sandy Mercado v. American Security Ins. Co., 2010 NYSlipOp 33331 (Supreme...
2559
Lawrence
insurancelawyer
Dec 6, 2010 10:49 pm
WATER PARK PATRON BREAKS ANKLE ON WATER SLIDE - WE GET COMPLAINT DISMISSED ON SUMMARY JUDGMENT Jacqualine Hintz et al. v. Zoom Flume Inc. et al., Supreme...
2560
Lawrence
insurancelawyer
Dec 7, 2010 5:49 pm
It happened 69 years ago today (7 December 1941): 2,403 Americans were killed in an unprecedented surprise attack on the U.S. Naval Base at Pearl Harbor by the...
2561
Lawrence
insurancelawyer
Dec 8, 2010 5:33 pm
In today's court decision, Bella-Vita LLC v Tower Ins. Co. of N.Y., <http://www.courts.state.ny.us/reporter/pdfs/2010/2010_33343.pdf> 2010 NY Slip Op 33343(U)...
2562
Lawrence
insurancelawyer
Dec 9, 2010 12:57 am
Please click here <http://vhss.oddcast.com/vhssplayer.php?acc=1782184&ss=2096024&sl=0&l=0&\ h=300&w=400&bc=FFFFFF&mid=108162&t=1> for a message about Lawrence...
2563
Lawrence
insurancelawyer
Dec 9, 2010 9:33 pm
WE WIN SUMMARY JUDGMENT DISMISSING SUIT BY RIDER THROWN FROM HORSE Donna Pepe v. Juckas Stables Inc. et al., Supreme Court, New York County (Sherwood, j),...
2564
Lawrence
insurancelawyer
Dec 10, 2010 8:39 pm
In today's Rogak No-Fault Blog: 1. Can a no-fault insurer get a plaintiff's judgment reduced to the amount remaining available on the policy? 2. Are EUO...
2565
Barry Zalma
bzalma
Dec 10, 2010 8:39 pm
Invitation to Insurance Fraud Culver City CA -- December 1, 2010: The Twenty third issue of the fourteenth year of the FREE Zalma's Insurance Fraud Letter...
2566
Lawrence
insurancelawyer
Dec 11, 2010 3:54 pm
ADMISSIONS BY PLAINTIFF IN MEDICAL RECORDS GET INTO EVIDENCE BECAUSE DEPOSITION OF EMT WHO WROTE THEM DOWN WAS TAKEN Smolinski v Smolinski 2010 NY Slip Op...
2567
Lawrence
insurancelawyer
Dec 13, 2010 7:09 pm
In today's Rogak No-Fault Blog: 1. The Appellate Term finds that the Civil Court improperly brushed aside an insurer's allegation that an acupuncturist was not...
2568
Lawrence
insurancelawyer
Dec 14, 2010 12:16 am
INSURER'S DELAYS IN PAYING HOMEOWNER CLAIM RESULT IN "BAD FAITH" JUDGMENT Carden v Allstate Ins. Co. ...
2569
Lawrence
insurancelawyer
Dec 14, 2010 7:52 pm
"LOSS OF EARNINGS" IN BUSINESS POLICY DOESN'T JUST MEAN PROFITS, FINDS COURT Massacor, Inc. v Associated Mut. Ins. Coop. ...
2570
Lawrence
insurancelawyer
Dec 14, 2010 9:52 pm
In today's Rogak No-Fault Blog: A court's order contains a well-detailed dissertation about the "serious injury" threshold. Perfect for a defense lawyer to...
2571
Lawrence
insurancelawyer
Dec 15, 2010 5:43 pm
COMP CLAIMANT GETS RETROACTIVE COURT APPROVAL OF THIRD-PARTY BI SETTLEMENT WHERE THERE IS NO PREJUDICE TO COMP CARRIER Wiechec v Dolina ...
2572
Lawrence
insurancelawyer
Dec 15, 2010 9:13 pm
In today's Rogak Report: A Civil Court judge makes a bad decision about the admissibility of peer review reports at trial, and I call her out by citing one of...
2573
Lawrence
insurancelawyer
Dec 16, 2010 6:46 pm
TOP COURT LOWERS THE BOOM ON FOOT-DRAGGING LAWYERS: FAILURE TO COMPLY WITH CONDITIONAL DISCOVERY ORDER MEANS DROP-DEAD PRECLUSION When discovery responses are...
2574
Lawrence
insurancelawyer
Dec 17, 2010 12:23 am
In today's Rogak No-Fault Blog: Three new appellate decisions on (1) out-of-state insurers; (2) fee schedule defense; and (3) verification requests. ...
2575
Lawrence
insurancelawyer
Dec 17, 2010 8:25 pm
CITY'S PRIOR WRITTEN NOTICE LAW MAY NOT APPLY WHERE IT "NEGLIGENTLY PLOWED SNOW" Marco v Village/Town of Mount Kisco 2010 NY Slip Op 09197 Decided on ...
2576
Lawrence
insurancelawyer
Dec 17, 2010 9:32 pm
In Encompass Ins. Co. v Adelis <http://www.courts.state.ny.us/reporter/pdfs/2010/2010_33448.pdf> , 2010 NY Slip Op 33448(U) (Sup Ct., Nassau County), Justice...
2577
Jeff Baron
jbar123esq
Dec 20, 2010 9:34 pm
This Marco case affects all landowners, does it not? Seems like the Court of Appeals is saying that anyone who shovels snow needs to take preventative...
2578
Lawrence
insurancelawyer
Dec 20, 2010 9:41 pm
In today's Rogak No-Fault Blog: Two new decisions on (1) intoxication defense, and (2) fee schedule. http://www.newyorknofaultadvisor.com/blog.php ...
2579
Lawrence
insurancelawyer
Dec 22, 2010 12:04 am
GOLFER GETS SHANKED TWICE: ONCE ON THE GOLF COURSE, THEN IN COURT; NO LIABILITY FOR ERRANT SHOT Anand v Kapoor 2010 NY Slip Op 09380 Decided on December 21,...
2580
Lawrence
insurancelawyer
Dec 22, 2010 8:46 pm
CRUISE SHIP'S FORUM CLAUSE IS ENFORCED: SUIT BROUGHT IN NEW YORK IS DISMISSED Hodder v Norwegian Cruise Line Ltd. ...
2581
Lawrence
insurancelawyer
Dec 22, 2010 8:54 pm
"SCHINDLER39;S LIST" MAY BE SOLD WITHOUT VIOLATING RIGHTS OF COPYRIGHT OWNER Rosenberg v Zimet ...
2582
Lawrence
insurancelawyer
Dec 23, 2010 5:09 pm
In today's Rogak No-Fault Blog: The amended intoxication exclusion: what does it mean? What are the implications? You need to know! ...
2583
Lawrence
insurancelawyer
Dec 23, 2010 7:44 pm
In today's Rogak No-Fault Blog: The Appellate Term issues two decisions, both re-confirming that peer review doctors may rely upon any medical records...
2584
Lawrence
insurancelawyer
Dec 23, 2010 11:52 pm
An Order To Show Claus copyright 1998, 2010 by Lawrence N. Rogak Up at the North Pole Twenty-fourth of December Was shaping up well As a night to remember The...
2585
Lawrence
insurancelawyer
Dec 26, 2010 10:56 pm
Dear Clients and Readers: If today's blizzard keeps us from getting to the office, you can still reach us by phone and email. Larry Rogak:...