SENDING EUO DEMAND LETTER TO INCORRECT ADDRESS MEANS DEMAND IS NOT VALID AND 30-DAY RULE IS NOT TOLLED, EVEN IF ATTORNEY GETS IT Star Medical Services P.C. v....
IF NO-FAULT DENIAL IS LATE, INSURER CANNOT OPPOSE SUMMMARY JUDGMENT BY RAISING ISSUE OF COST OF MEDICAL SUPPLIES OR THEIR NECESSITY King's Medical Supply Inc....
FLOOR MAT ON MARBLE HALLWAY FLOOR MAY HAVE BEEN SLIPPERY, BUT THIS WAS A LATENT CONDITION GIVING NO NOTICE TO LANDLORD OR TENANT Gonzalez v. Banzer, NYLJ...
PLAINTIFF FAILS TO PROVE THAT CITY HAD PRIOR NOTICE OF STREET DEFECT OR THAT UTILITY CREATED ROADWAY HAZARD Marceca v. City of New York, NYLJ 11/04/04 (Supreme...
INSURED IS DENIED PERMISSION TO ADD HIS CLAIMS TO HIS INSURER'S SUBROGATION ACTION BECAUSE STATUTE OF LIMITATIONS RAN OUT Agway Insurance Company a/s/o...
IN INTERCOMPANY PIP ARBITRATION, STATUTE OF LIMITATIONS RUNS FROM DATE OF FIRST PAYMENT, NOT DATE OF LOSS Allcity Insurance Co. v. Eagle Insurance Co. and...
INSURER FAILS TO MEET BURDEN REQUIRED FOR NON-COOPERATION DISCLAIMER Clarendon National Insurance Company v. Bajwa, NYLJ 11/09/04 (Supreme Court, Kings County)...
IN ABSENCE OF A DUTY TO DEFEND, ATTORNEYS FEES DO NOT GET AWARDED IN COVERAGE DISPUTE WITH REINSURER Folksamerica Reinsurance Co. v. Republic Insurance Co.,...
MEDICARE HAS SUBROGATION RIGHTS WHENEVER ANOTHER SOURCE OF INSURANCE IS DEEMED PRIMARY Manning v. Utilities Mutual Ins. Co. et al., 2004 WL 235256 (USDC - ...
HOMEOWNER NOT RESPONSIBLE FOR GRANDSON'S SHOOTING OF FRIEND WITH B.B. GUN Patane v. Rossbach, NYLJ 11/15/04 (Supreme Court, Dutchess County) (Sproat, j) This...
Driver's $5 Million Award Against City Is Vacated As Result of 'Speculation' (By Tom Perrotta, New York Law Journal, November 16, 2004) A Bronx judge has...
COURT WILL NOT PENALIZE NO-FAULT INSURER FOR BEING "TOO PROMPT" IN SENDING OUT FOLLOW-UP VERIFICATION LETTER Psych. & Massage Therapy Assoc. v. Progressive...
PROPERTY OWNER IS RESPONSIBLE FOR INJURIES CAUSED BY A "SPECIAL USE" FEATURE IN THE SIDEWALK, EVEN IF HE DOESN'T USE IT Torres v. City of New York et al., NYLJ...
Dear Readers: You get The Rogak Report by email every day, but did you know that you can also: 1. Submit your claims questions and get answers from both myself...
Illegal Immigrant Can Sue for Lost Earnings, Court Holds in Case Over Injuries on the Job (By Mark Fass, New York Law Journal, November 18, 2004) Undocumented...
CHILD LIVING AWAY AT COLLEGE IS STILL A RESIDENT OF HOUSEHOLD FOR AUTO INSURANCE PURPOSES, EVEN IF LIVING OFF CAMPUS Matter of New York Casualty Insurance Co....
We have a claimant that indicates that he had x-rays, but we have reason to believe the person taking the X-ray is not licensed to do so in New York. Do you...
The answer is not as simple as one would hope. Some courts have held that if the "facility"; in which the x-rays are taken is licensed to perform x-rays, then...
WITH HIPAA-COMPLIANT AUTHORIZATION AND APPROPRIATE PROTECTIVE ORDER, PLAINTIFF'S TREATING PHYSICIAN MAY BE INTERVIEWED AFTER DISCOVERY IS COMPLETE O'Neil v....
WHETHER MISREPRESENTATION ON INSURANCE APPLICATION IS "MATERIAL"; IS AN ISSUE OF FACT WHEN QUESTIONS ARE AMBIGUOUS Koloski v. Metropolitan Life Insurance Co.,...
IF BUSINESS PROPERTY HAS ALREADY BEEN FULLY DEPRECIATED UNDER TAX LAW, IT HAS NO MONETARY VALUE Allboro Equipment Co. v. Hill, NYLJ 11/23/04 (Civil Court,...
MANY SMALL NO-FAULT CLAIMS CAN BE JOINED TO CREATE FEDERAL JURISDICTION, BUT THE COURT CAN SEVER THEM Deajess Medical Imaging P.C. v. Allstate Insurance Co.,...
On behalf myself, my family, and all the employees of our law firm and their families, I would like to extend my most sincere thanks to our clients and friends...
WHETHER ULTRASOUND OR ANY OTHER TREATMENT IS "MEDICALLY NECESSARY" DEPENDS ON THE INDIVIDUAL CIRCUMSTANCES Hellander a/s/o Espinoza v. State Farm Insurance...
HEALTH INSURER'S SUBROGATION RIGHTS DO NOT EXTEND TO WRONGFUL DEATH RECOVERY DelRossi v. Defendants V, W, X, Y & Z, NYLJ 11/30/04 (Supreme Court, Suffolk...
Friends: I am proud to announce: Construction Defects: Litigation and Claims Guide by Barry Zalma Do you handle insurance claims for defective real property? ...
A FEW SECONDS OF PAIN AND SUFFERING BEFORE DEATH IS NOT ENOUGH TO SUPPORT A CAUSE OF ACTION Rosenblatt v. Dini, NYLJ 12/02/04, (Supreme Court, Queens County) ...
NOTICE TO LANDLORD OF WATER LEAKS, NOT OF MOLD ITSELF, IS SUFFICIENT FOR PERSONAL INJURY SUIT BASED ON MOLD EXPOSURE Litwack v. Plaza Realty Investors Inc.,...
In Second Round, Jury Finds Two 'Occurrences' at WTC Verdict Against 9 Remaining Insurers Worth $2.2 Billion to Developer, Port Authority By Michael Bobelian,...
IN MARINE CARGO CLAIMS, EXTENSION OF TIME TO SUE VESSEL OWNER MUST COME FROM THE OWNER OR AUTHORIZED AGENT Ferrostaal Inc. v. M/V Sea Baisen, NYLJ 12/07/04...
