COURT UPHOLDS JURY VERDICT WHICH FOUND THAT COP MOMENTARILY DISTRACTED BY SCREAMING PRISONER IN BACK SEAT WAS "RECKLESS"; Ramirez v. Luna and City of New York,...
332
therogakreport
Aug 3, 2004 10:24 pm
COURT HOLDS NO-FAULT EXAMINER NOT COMPETENT TO TESTIFY ABOUT INSURER'S PROCEDURE FOR MAILING DENIAL FORMS East Way Chiropractic PC v. Allstate Insurance...
333
therogakreport
Aug 4, 2004 2:03 am
IF UM CLAIMANT DOES NOT COMPLY WITH POLICY'S REPORTING REQUIREMENTS, A TIMELY DISCLAIMER IS NOT REQUIRED; INSURER'S KNOWLEDGE OF ACCIDENT FROM OTHER SOURCES IS...
334
Lawrence Rogak
therogakreport
Aug 5, 2004 3:01 pm
Reputed Mobster Pleads Guilty to Staged Accidents, Insurance Fraud Charges in New York August 4, 2004 (Associated Press) A reputed member of the Bonanno crime...
335
Lawrence Rogak
therogakreport
Aug 5, 2004 5:13 pm
SERVICE OF DEMAND FOR NO-FAULT ARBITRATION VIA FEDERAL EXPRESS IS DEFECTIVE New York Central Mutual Fire Ins. Co. v. Czumaj, 2004 WL 1541345 (4th Dept 2004) ...
336
Lawrence Rogak
therogakreport
Aug 5, 2004 6:25 pm
LAWSUITS, ALCOHOL ADVERTISING & MONEY By Steven Milloy Is alcohol advertising targeted at underage drinkers? Does advertising cause alcohol abuse? Should...
337
Lawrence Rogak
therogakreport
Aug 6, 2004 7:36 pm
COURT RESOLVES STATUTE OF LIMITATIONS QUESTION ON LAWSUITS AGAINST MVAIC Salas v. Motor Vehicle Accident Indemnification Corporation, NYLJ 08/06/04 (Supreme...
338
Lawrence Rogak
therogakreport
Aug 9, 2004 6:29 pm
COPS MAY DOWNLOAD DATA FROM AUTO'S COMPUTER AFTER FATAL ACCIDENT, WITHOUT A WARRANT, AND USE IT AS EVIDENCE IN COURT People v. Christmann, 776 NYS2d 437...
339
Lawrence Rogak
therogakreport
Aug 9, 2004 7:13 pm
THE EXPANDING ABILITY OF AN INSURER TO RECOUP COSTS EXPENDED FOR UNCOVERED CLAIMS By Andrew S. Boris [reprinted from Insurance Journal] Insurers are routinely...
340
Lawrence Rogak
therogakreport
Aug 10, 2004 10:21 pm
IN LIVERY VEHICLE ACCIDENTS, INSURER CAN DISCLAIM IF NEITHER INSURED NOR CLAIMANT NOTIFY INSURER OF COMMENCEMENT OF LAWSUIT American Transit Insurance Company...
341
Lawrence Rogak
therogakreport
Aug 11, 2004 6:20 pm
NO-FAULT PROVIDERS MAY COMBINE CLAIMS INTO ONE SUIT TO MEET $75,000 FEDERAL JURISDICTION Deajess Medical Imaging PC v. Allstate Insurance Company, NYLJ 8/11/04...
342
Lawrence Rogak
therogakreport
Aug 12, 2004 4:20 am
JURY ACQUITS DRIVER WHO CAUSED FATAL CRASH WHILE WATCHING DVD MOVIE IN CAR [Note to readers: This is an edited version of a copyrighted story by reporter Phil...
343
Lawrence Rogak
therogakreport
Aug 12, 2004 2:24 pm
EXHAUSTION OF ADVERSE VEHICLE'S POLICY LIMITS DOES NOT RENDER IT "UNINSURED" AND DOES NOT TRIGGER UM COVERAGE Lancer Insurance Company v. Nechamkus, et al., 5...
344
Lawrence Rogak
therogakreport
Aug 13, 2004 10:32 pm
FIVE YEAR OLD CHILD PUSHES DOWN 15-MONTH-OLD INFANT IN HOSPITAL WAITING ROOM, AND HOSPITAL FACES NEGLIGENCE SUIT Rodriguez v. 1201 Realty LLC et al., NYLJ...
345
Lawrence Rogak
therogakreport
Aug 15, 2004 10:56 pm
AIR FRANCE SNUBS THALIDOMIDE VICTIM, SHE SAYS IN LAWSUIT (From a story in the New York Daily News by Robert Gearty, 8/14/04) A British woman who was a...
346
Lawrence Rogak
therogakreport
Aug 16, 2004 6:57 pm
COURT PERMITS HEALTH CARE PROVIDER TO JOIN 36 NO-FAULT CLAIMS IN ONE LAWSUIT AGAINST INSURER Aviyon Medical Rehabilitation PC v. Allstate Insurance Co., NYLJ ...
347
Lawrence Rogak
therogakreport
Aug 17, 2004 5:03 pm
AUTO PASSENGER MAY BE LIABLE FOR COLLISION IF HE ACTS "IN CONCERT" WITH THE DRIVER TO INTENTIONALLY CAUSE IT Abid v. Edwards et al., 779 N.Y.S.2d 522 (2d Dept...
348
Lawrence Rogak
therogakreport
Aug 17, 2004 11:39 pm
Dear Readers: One of my "fans" forwarded this letter to me. I think it is pretty funny and something that a lot of people in the claims business can relate...
349
Lawrence Rogak
therogakreport
Aug 18, 2004 12:22 am
NO CAUSE OF ACTION EXISTS IN NEW YORK FOR "EDUCATIONAL MALPRACTICE" -- STUDENTS UNHAPPY WITH COLLEGE COURSE CONTENT MUST STILL PAY TUITION Andre v. Pace...
350
Lawrence Rogak
therogakreport
Aug 19, 2004 4:24 pm
OWNER OF PREVIOUSLY DOCILE DOG NOT LIABLE FOR FIRST BITE Russell v. Rivera, 2004 WL 1197344 (App.Term 2004) Plaintiff was bitten on the finger by the...
351
Lawrence Rogak
therogakreport
Aug 20, 2004 8:00 pm
SENDING LETTER DEMANDING DEFENSE TO INSURER'S WRONG OFFICE RAISES QUESTION OF WHETHER PLAINTIFF SOUGHT TO ENTRAP INSURER INTO ISSUING LATE DISCLAIMER Bovis...
352
Lawrence Rogak
therogakreport
Aug 23, 2004 3:45 pm
FLORIDA AUTO INSURER MAY RETROACTIVELY CANCEL POLICY ISSUED TO FLORIDA RESIDENT FOR FLORIDA VEHICLE WHICH WAS DRIVEN IN NEW YORK Government Employees Insurance...
353
Lawrence Rogak
therogakreport
Aug 24, 2004 7:13 pm
FEDERAL COURT REFUSES TO ALLOW JOINDER OF UNRELATED NO-FAULT CLAIMS IN ORDER TO MEET $75,000 MINIMUM JURISDICTIONAL LIMIT Boston Post Road Medical Imaging PC...
354
crimson43h
Aug 25, 2004 5:56 pm
The new regulation states that an NF 10 cannot be issued until all relevant information requested is received. Thus, if you have delayed a bill for receipt of...
355
Lawrence Rogak
therogakreport
Aug 25, 2004 6:26 pm
COURT REJECTS NO-FAULT INSURER'S DEFENSE THAT ACCIDENT WAS STAGED Inwood Hill Medical PC v. Allstate Insurance Company, NYLJ 8/23/04 (Civil Court, New York...
356
Lawrence Rogak
therogakreport
Aug 25, 2004 6:27 pm
If you send an NF application, the new regs require you to send a second application if the first one has not been returned within 30 days. You have 10 days...
357
Lawrence Rogak
therogakreport
Aug 26, 2004 1:56 pm
Judge Dismisses Suit Against OxyContin Maker August 20, 2004 A federal judge in Roanoke, Va. has dismissed a lawsuit against Connecticut-based OxyContin maker...
359
Lawrence Rogak
therogakreport
Aug 26, 2004 6:47 pm
WE MAKE NEW LAW: COURT RULES THAT HIPAA SHIELDS NO-FAULT CLAIM FILES FROM DISCLOSURE In a case of first impression, a Nassau County court has ruled that ...
360
Lawrence Rogak
therogakreport
Aug 30, 2004 7:13 pm
MERE FACT THAT CITY SEWER BACKED UP INTO PLAINTIFF'S HOME IS NOT ENOUGH TO ESTABLISH LIABILITY Hongach v. City of New York, 779 NYS2d 559 (2d Dept 2004) ...
361
Lawrence Rogak
therogakreport
Sep 2, 2004 2:52 pm
Dear Readers: We run print ads every month in Claims Magazine, Insurance Advocate, and Crackdown! (the new insurance fraud magazine). I write and compose all...
