POLICE NOT LIABLE FOR INTERSECTION ACCIDENT WHILE RESPONDING TO EMERGENCY CALL Badalamenti v. City of New York, NYLJ 2/01/05 (Supreme Court, Richmond County)...
499
Lawrence Rogak
therogakreport
Feb 2, 2005 11:12 pm
WAIVER OF LIABILITY AND ASSUMPTION OF RISK BY INSURED BAR INSURER'S SUBROGATION LAWSUIT Industrial Risk Insurers v. The Port Authority of New York and New ...
500
Lawrence Rogak
therogakreport
Feb 3, 2005 2:48 pm
WHEN PLAINTIFF DISCONTINUES AGAINST A PARTY WITH PREJUDICE, IT IS A RELEASE AND THAT DEFENDANT IS IMMUNE FROM CROSS-CLAIMS Dembitzer v. Broadwall Management...
501
Lawrence Rogak
therogakreport
Feb 3, 2005 4:17 pm
Spoliation Costs Plaintiff a Win In Bad-Tire Case By John Caher, New York Law Journal, February 3, 2005 ALBANY — After 12 years and two trips up and down the...
502
Lawrence Rogak
therogakreport
Feb 3, 2005 9:12 pm
On 03 February 2005, court clerks in the Civil Courts of New York City handed out copies of an Administrative Order to attorneys present in the courtrooms...
503
Lawrence Rogak
therogakreport
Feb 4, 2005 4:43 pm
IN FIRST-EVER NEW YORK DECISION ON NAMED DRIVER EXCLUSION, COURT UPHOLDS IT AND FINDS NO COVERAGE IN POLICY ISSUED BY NON-ADMITTED INSURER Property & Casualty...
504
Lawrence Rogak
therogakreport
Feb 8, 2005 6:44 am
WHERE INSURED WITH BIG S.I.R. BECOMES INSOLVENT, UM COVERAGE IS TRIGGERED Fireman's Fund Insurance Co. v. Wisham, NYLJ 2/07/05 (Supreme Court, New York County)...
505
Lawrence Rogak
therogakreport
Feb 14, 2005 12:27 am
Dear Readers: I am on vacation this week. Except for this week's Tuesday edition, there willl be no Rogak Reports until Monday, 14 February. Enjoy your week! ...
506
Lawrence Rogak
therogakreport
Feb 14, 2005 1:46 am
WHERE RENTER ALLOWS ANOTHER DRIVER TO USE RENTAL CAR, DRIVER MUST INDEMNIFY RENTER FOR ANY DAMAGES Stewart v. Richardson, NYLJ 2/14/05 (Civil Court, Kings...
507
Lawrence Rogak
therogakreport
Feb 14, 2005 4:56 pm
Dear Readers: I wrote this valentine for plaintiffs' attorneys to send to their sweeties: Dearest darling, hear my plea This is what you are to me: You're my...
508
Lawrence Rogak
therogakreport
Feb 14, 2005 11:31 pm
Dear Readers: Inspired by my "Valentine From A Plaintiff's Attorney," one of my readers has submitted the following untitled verse, which is intended to be...
509
Lawrence Rogak
therogakreport
Feb 14, 2005 11:31 pm
NY Man Who Fell Down a Hill Inside a Portable Toilet Wins Day in Court By Mark Fass, New York Law Journal A man who fell down a hill in a portable toilet may...
510
Lawrence Rogak
therogakreport
Feb 15, 2005 5:59 pm
DESPITE DISC HERNIATIONS, AUTO ACCIDENT VICTIM DID NOT SUSTAIN A "SERIOUS INJURY" Kearse v. New York City Transit Authority, NYLJ 2/14/05 (2d Dept 2005) The...
511
Lawrence Rogak
therogakreport
Feb 16, 2005 1:46 am
"Lead Paint" may be a dirty word in today's world, but it was not always so. Like every dog, it had its day. The following article appeared in "The American...
512
Lawrence Rogak
therogakreport
Feb 16, 2005 4:07 pm
UNAFFIRMED MRI REPORTS AND RANGE OF MOTION TESTS PROVE PLAINTIFFS DID NOT MEET NO FAULT THRESHOLD Meely v. 4 G's Truck Renting Co. Inc., NYLJ 2/16/05 (2d Dept...
513
Lawrence Rogak
therogakreport
Feb 17, 2005 6:17 pm
RAILROAD FACES CLAIM OF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS UNDER FELA FOR ALLOWING HARASSING EMPLOYEE TO REMAIN IN PROXIMITY OF CO-WORKER ...
514
Lawrence Rogak
therogakreport
Feb 18, 2005 3:52 pm
Congress OKs Law on Class Action Suits By JESSE J. HOLLAND, AP WASHINGTON (Feb. 17) - Congress on Thursday passed legislation that would transfer most large,...
515
Lawrence Rogak
therogakreport
Feb 18, 2005 7:17 pm
WHERE PATIENT DOES NOT RECEIVE MEDICAL SUPPLIER DIRECTLY FROM SUPPLIER, HIS ASSIGNMENT OF NO FAULT BENEFITS TO SUPPLIER IS NOT VALID AND THERE IS NO COVERAGE T...
516
Lawrence Rogak
therogakreport
Feb 19, 2005 5:01 pm
Dear Readers: I normally don't write Broadway show reviews on this website, but I had an experience last night that I wanted to share with all of you as a...
517
Lawrence Rogak
therogakreport
Feb 21, 2005 7:13 pm
THOUGH DISCLAIMER WAS NOT SENT TO PLAINTIFF'S ATTORNEY, DIRECT SUIT AGAINST INSURER NOT ALLOWED WITHOUT JUDGMENT AGAINST INSURED Schnupp v. American Safety...
518
Lawrence Rogak
therogakreport
Feb 21, 2005 10:30 pm
McDonald's Settles Fat Lawsuit for $8.5 Million (from insurancejournal.com) Fast food giant chain McDonald's has agreed to donate $7 million to the American...
519
Lawrence Rogak
therogakreport
Feb 22, 2005 8:20 pm
FEDERAL CARMACK AMENDMENT PROVIDES EXCLUSIVE REMEDY FOR SUBROGATION AGAINST COMMON CARRIERS FOR DAMAGED SHIPMENTS Travelers Indemnity Co. of Illinois v....
520
thealexangroup
Feb 23, 2005 2:08 am
Alexan Group Services ATTN: Alex A. Padaco Email: apadaco@... Fax: (408) 746-0941 FINDER'S FEE REFERRING LOTTERY ANNUITY NOTEHOLDERS THAT WE CLOSE ON. ...
521
TheRogakReport@yahoog...
Feb 23, 2005 3:02 am
Enter your vote today! A new poll has been created for the TheRogakReport group: How often do you read THE ROGAK REPORT? o Almost every day o 2 - 3 times per...
522
TheRogakReport@yahoog...
Feb 23, 2005 3:09 am
Enter your vote today! A new poll has been created for the TheRogakReport group: In addition to daily case law reviews, what additional features would you ...
523
Lawrence Rogak
therogakreport
Feb 23, 2005 5:47 pm
EMPLOYER WHO DOES NOT BUY WORKERS COMP INSURANCE MAY BE IMPLEADED INTO EMPLOYEE'S LAWSUIT DESPITE LACK OF "GRAVE INJURY" Douglas Boles v Dormer Giant, Inc.,...
524
Lawrence Rogak
therogakreport
Feb 23, 2005 10:02 pm
EEOC RULES THAT EMPLOYEE PASSED OVER FOR PROMOTION IN FAVOR OF CO- WORKER WHO IS ROMANTICALLY INVOLVED WITH BOSS HAS NO DISCRIMINATION CLAIM Kimberly Roy,...
525
Lawrence Rogak
therogakreport
Feb 24, 2005 3:09 pm
NO-FAULT CLAIMS AGAINST MVAIC ACCRUE ON THE DAY THAT PAYMENT BY INSURER BECOMES OVERDUE, NOT DATE OF ACCIDENT In Line Chiropractic PC v. Motor Vehicle...
526
Lawrence Rogak
therogakreport
Feb 25, 2005 2:01 pm
Dear Readers: As you know, we are an insurance defense law firm, and we serve about 60 insurance carriers and self-insured corporations. Due to the cyclic...
527
Lawrence Rogak
therogakreport
Feb 25, 2005 2:26 pm
A hunter walks into a cafe with a shotgun in one hand pulling a male buffalo with the other and says to the waiter, "Want coffee." The waiter says, "Sure...
