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...
362
Lawrence Rogak
therogakreport
Sep 2, 2004 5:57 pm
EVEN THOUGH 100% LIABLE FOR AUTO ACCIDENT, DRIVER IS NOT LIABLE FOR PLAINTIFF'S INCREASED AUTO INSURANCE PREMIUMS Jacobs v. Herrera et al., NYLJ 9/02/04...
363
Lawrence Rogak
therogakreport
Sep 3, 2004 6:14 pm
WE WIN! UM ARBITRATION PERMANENTLY STAYED DUE TO CLAIMANT'S FAILURE TO NOTIFY POLICY WITHIN 24 HOURS AFTER ACCIDENT Kemper Insurance Company v. Jean Chrisnor...
364
Lawrence Rogak
therogakreport
Sep 3, 2004 7:46 pm
Dear Mr. Rogak: As one who is a recipient of the news items you send out, I would like to comment on some incorrect information provided herewith that concerns...
365
Lawrence Rogak
therogakreport
Sep 7, 2004 5:03 pm
COURT SLAPS ARBITRATION FORUMS FOR IGNORING COURT ORDERS REGARDING STATUTE OF LIMITATIONS IN PIP LOSS TRANSFER Empire Insurance Company v. Eagle Insurance...
366
Lawrence Rogak
therogakreport
Sep 7, 2004 6:44 pm
Florida Wakes Up To a New Insurance Reality: Rule Changes Shifted More of the Burden To Homeowners By CHRISTOPHER OSTER, CARRICK MOLLENKAMP, and CHAD TERHUNE,...
367
Lawrence Rogak
therogakreport
Sep 8, 2004 5:48 pm
REPLACEMENT OF BASKETBALL BACKBOARD QUALIFIES FOR SCAFFOLD LAW CLAIM, BUT PLAINTIFF FAILS TO SHOW LADDER WAS DEFECTIVE Surico v. City of New York, NYLJ 9/07/04...
368
Lawrence Rogak
therogakreport
Sep 9, 2004 6:08 pm
INSURANCE DEPARTMENT REGULATION LIMITS AUTO INSURER'S LIABILITY TO PURCHASE PRICE IF LOSS OCCURS WITHIN 180 DAYS Trizzano v. Allstate Insurance Company et al.,...
369
Lawrence Rogak
therogakreport
Sep 9, 2004 11:13 pm
QUADRIPLEGIC'S VAN IS TOWED FROM HANDICAPPED PARKING SPACE; FALSE ARREST CLAIM FAILS BUT NEGLIGENCE SUIT SURVIVES Sweeney v. Bruckner Plaza Associates LP et...
370
Lawrence Rogak
therogakreport
Sep 10, 2004 6:22 pm
N.Y. Psychiatrist to Get Plenty of Couch Time; Receives 23-Count Indictment in Insurer Fraud Scam [Reprinted from INSURANCE JOURNAL, September 10, 2004] New...
371
Lawrence Rogak
therogakreport
Sep 10, 2004 9:08 pm
COURT FINDS AUTO SALES CONTRACT CONFUSING AND DECEPTIVE, GRANTS JUDGMENT FOR WARRANTY OVERCHARGE Spielzinger v. S.G. Hylan Motors Corp., NYLJ 9/10/04 (Civil...
372
stuartfries
Sep 14, 2004 1:23 am
This case involved Allstate making a claim payment for a total loss on a used car, based on what the insured actually paid for the car, and not on the actual...
373
Lawrence Rogak
therogakreport
Sep 14, 2004 4:19 pm
COP POKES ANGRY MAN IN CHEST AND HE FALLS; STATE HELD LIABLE Raefski v. State of New York, NYLJ 9/13/04 (Court of Claims) (MARIN, j.) Taking the word of the...
374
Lawrence Rogak
therogakreport
Sep 15, 2004 1:53 pm
PRE-ACCIDENT RELEASE HELD VOID IN HORSE RIDING INCIDENT Applbaum v. Golden Acres, NYLJ 9/15/04 (USDC - NDNY) (HURD, j.) A Catskills family resort that offers...
375
Lawrence Rogak
therogakreport
Sep 16, 2004 5:13 pm
IF WORKER'S INJURY IS "GRAVE," SUBSEQUENT REPAIR OR HEALING DOES NOT NEGATE THAT STATUS Vincenty v. Cincinnatti Inc. NYLJ 8/19/04 (Supreme Court, Bronx County)...
376
Lawrence Rogak
therogakreport
Sep 17, 2004 4:58 am
Insurers Report 'Encouraging' Progress in Crackdown on Auto Claim Fraud in N.Y. [Reprinted from Insurancre Journal, September 16, 2004] The fight against...
377
Lawrence Rogak
therogakreport
Sep 17, 2004 2:42 pm
MAN BORROWS LADDER AND FALLS FROM IT; HE FAILS TO PROVE THAT LADDER WAS DEFECTIVE Monferrato v. Tavern on the Green Limited Partnership, NYLJ 9/17/04 (Supreme...
378
Lawrence Rogak
therogakreport
Sep 20, 2004 5:06 am
IF INSURED PRODUCES AUTO FOR PHOTO INSPECTION, HE FULFILLS HIS DUTY EVEN IF INSURER DOES NOT RECEIVE INSPECTION REPORT Pascal v. Carco Group, NYLJ 9/20/04...
379
Lawrence Rogak
therogakreport
Sep 21, 2004 3:18 am
GARAGE POLICY EFFECTIVELY DECLARES ITSELF EXCESS WITH REGARD TO LIABILITY FOR NON-OWNED AUTOS Nationwide Mutual Insurance Company v. Travelers Insurance Co.,...
381
Lawrence Rogak
therogakreport
Sep 22, 2004 2:37 pm
COURT UPHOLDS STRICTER INTERPRETATION OF LEMON LAW: IF NOT FIXED AFTER 4 TRIES, CONSUMER GETS REFUND EVEN IF CAR IS FIXED LATER Matter of DaimlerChrysler Corp....
382
Lawrence Rogak
therogakreport
Sep 23, 2004 2:06 am
CGL POLICY DOES NOT PROVIDE FIRST PARTY COVERAGE FOR DAMAGE TO ADDITIONAL INSURED'S PROPERTY The Gap, Inc. v. Fireman's Fund Insurance Co., NYLJ 9/23/04 ...
383
Lawrence Rogak
therogakreport
Sep 27, 2004 4:34 am
Dear Readers: I went to South Florida this past weekend, barely taking notice of Hurricane Jeanne, which was wobbling around the Caribbean like a drunk and...
384
ral8012
Sep 27, 2004 4:36 am
Mr. Rogak: The alleged "Amber Alert" you included in your recent newsletter is one of the oldest scams/hoaxs on the internet today. There is no missing chid...
385
Lawrence Rogak
therogakreport
Sep 28, 2004 3:25 pm
MEDICAL PROVIDER MAY RECOVER NO-FAULT BENEFITS EVEN IF IT LOSES ITS LICENSE AFTER SERVICES WERE RENDERED CKC Chiropractic a/a/o Sholanda Forbes, Allen Carruth,...
386
Michael R. Boutot
mrboutot
Sep 28, 2004 9:09 pm
ACE•SCLA Annual Claims Exposition + Conference—the leading event in the claim industry—is scheduled for October 14-16 in Chicago. This one-of-a-kind...
387
Lawrence Rogak
therogakreport
Sep 29, 2004 2:15 pm
Lawyer Wins First Round Against AOL in Suit Over Customer Service By Mark Fass, New York Law Journal, September 29, 2004 Internet Goliath America Online lost a...
388
Lawrence Rogak
therogakreport
Sep 29, 2004 2:18 pm
INNOCENT VICTIM OF DELIBERATE CAR CRASH IS NOT COVERED BY UM ENDORSEMENT AND HAS NO RECOURSE Progressive County Mutual Insurance Co. v. McNeil, NYLJ 9/24/04 ...
389
Lawrence Rogak
therogakreport
Sep 30, 2004 1:49 pm
TRAIN CONDUCTOR, ASSAULTED BY PASSENGER, FAILS TO ESTABLISH THAT RAILROAD WAS NEGLIGENT; FELA CLAIM FAILS Okeke v. The Long Island Railroad Company, NYLJ...
390
Lawrence Rogak
therogakreport
Oct 4, 2004 2:12 pm
DISCLAIMER UPHELD WHERE CHILD WAS KICKED BY HORSE ON FARM NOT COVERED BY HOMEOWNER'S POLICY Maroney v. New York Central Mutual Fire Insurance Company, NYLJ ...
391
Lawrence Rogak
therogakreport
Oct 5, 2004 5:52 pm
DENIAL OF NO-FAULT CLAIM BASED ON EUO NO-SHOW IS VALID FOR CLAIMS FILED AFTER 4/05/02 EVEN IF ACCIDENT OCCURRED PRIOR TO THAT DATE Ocean Diagnostic Imaging...
