American Steamship Owners Mutual Protection and Indemnity Assoc. Inc. v. Alcoa Steamship Co., NYLJ 3/01/05 (USDC - SDNY) (MAAS, j) In this declaratory judgment...
532
Lawrence Rogak
therogakreport
Mar 2, 2005 5:14 pm
There are currently two polls active in The Rogak Report website. So far, only 13 out of my 1000-odd readers have responded! Make your voice heard. Visit...
533
Lawrence Rogak
therogakreport
Mar 2, 2005 8:41 pm
TENANT ASSAULTED IN BUILDING ON CLOSING DATE BETWEEN BUILDING'S OWNER AND BUYER BEFORE CLOSING TOOK PLACE; BUYER HAS NO LIABILITY TO TENANT Jana L. v. West...
534
Lawrence Rogak
therogakreport
Mar 2, 2005 11:25 pm
On Tuesday, 1 March, I spent the better part of three hours with a writer from Fortune Magazine, who had sought me out for an article he is writing about...
535
Lawrence Rogak
therogakreport
Mar 3, 2005 2:52 pm
OPERATOR OF UNINSURED MOTORCYCLE, STRUCK BY UNINSURED AUTO, IS DENIED THE RIGHT TO SEEK BENEFITS FROM MVAIC Quinones v. Motor Vehicle Accident Indemnification...
536
Lawrence Rogak
therogakreport
Mar 4, 2005 3:23 pm
From The New York Law Journal, 01 March 2005 ... Nassau Supreme Court Justice Edward W. McCarty III recently had some harsh words for a Bellmore no-fault auto...
537
Lawrence Rogak
therogakreport
Mar 4, 2005 5:31 pm
DOCTOR MUGGED IN HOSPITAL ELEVATOR HAS NO CASE BECAUSE NO SIMILAR INCIDENT OCCURRED PREVIOUSLY Bouraee v. Lutheran Medical Center, NYLJ 3/04/05 (Supreme Court,...
538
Lawrence Rogak
therogakreport
Mar 4, 2005 6:55 pm
(Dear Readers: I really enjoyed reading this; hope you do too! Larry Rogak) LETTER FROM A FARM KID, NOW AT SAN DIEGO MARINE CORPS RECRUIT DEPOT. Dear Ma and...
539
Lawrence Rogak
therogakreport
Mar 7, 2005 3:37 pm
PROPERTY OWNER NOT LIABLE FOR FOLIAGE WHICH OBSCURED TRAFFIC SIGN, CAUSING ACCIDENT Connolly v. City of New York et al, NYLJ 3/07/05 (Supreme Court, Bronx...
540
Lawrence Rogak
therogakreport
Mar 8, 2005 2:53 am
AUSTIN, Minn. (Sept. 8) - Two teens accused of searching for a marijuana dealer dialed the ultimate wrong number - they called the Mower County Sheriff's cell...
541
Lawrence Rogak
therogakreport
Mar 9, 2005 12:15 am
CON ED HAS NO LIABILITY FOR WATER POLLUTION CAUSED BY 2003 BLACKOUT Armstrong v. City of New York, et al., NYLJ 3/08/05 (Supreme Court, New York County 2005)...
542
Lawrence Rogak
therogakreport
Mar 9, 2005 12:20 pm
SCHOOL DISTRICT NOT LIABLE FOR OFF-PREMISES FIGHT BETWEEN STUDENTS Segreti v. Lindenhurst Union Free School District et al., NYLJ 3/09/05 (Supreme Court,...
543
Lawrence Rogak
therogakreport
Mar 11, 2005 4:04 am
INSURER CANNOT ENFORCE SETTLEMENT BECAUSE IT FAILED TO SIGN AND RETURN THE STIPULATION Brooklyn Heights Medical a/a/o Elene Barrow v. State-Wide Ins. Co., NYLJ...
544
Lawrence Rogak
therogakreport
Mar 11, 2005 3:38 pm
RELATION-BACK DOCTRINE ALLOWS AMENDMENT OF PLEADINGS TO ADD RELATED CLAIM AFTER STATUTE OF LIMITATIONS EXPIRES Schlossberg v. Varjabedian et al,, NYLJ 3/11/05...
545
Lawrence Rogak
therogakreport
Mar 14, 2005 7:29 pm
MALPRACTICE CLAIM AGAINST DEFENSE COUNSEL FAILS WHERE CLIENT CHOSE TO SETTLE DIRECTLY WITH PLAINTIFF WHILE MOTION TO REDUCE VERDICT WAS PENDING Forest City...
546
Lawrence Rogak
therogakreport
Mar 15, 2005 4:16 pm
INSURER MEETS BURDEN OF PROOF ON DEFENSE THAT "ACCIDENTS" WERE IN FACT STAGED A.B. Medical Services v. State Farm Mutual Automobile Ins. Co., NYLJ 3/15/05...
547
Lawrence Rogak
therogakreport
Mar 17, 2005 2:36 am
FAILURE TO SHOW DEFECT IN EXEMPLAR CHAIR RESULTS IN DISMISSAL OF CLAIM INVOLVING CHAIR THAT ALLEGEDLY CAUSED INJURY Macaluso v. Herman Miller Inc., NYLJ...
548
Lawrence Rogak
therogakreport
Mar 20, 2005 7:14 pm
This has nothing to do with insurance, except very tangentially perhaps to the field of health care insurance. But many of you voted that you wanted to read...
549
Peter Rousmaniere
leerailunder
Mar 20, 2005 10:49 pm
I'll have to respectfully disagree with the proposition that, in effect, the State of Florida's medical and legal systems have failed with respect fo Terri...
550
Lawrence Rogak
therogakreport
Mar 20, 2005 11:02 pm
I urge anyone who is interested in the Terri Schiavo case, or in the question of removing feeding tubes from brain-damaged people in general, to please take a...
551
Lawrence Rogak
therogakreport
Mar 21, 2005 3:25 pm
I have gotten more mail regarding my editorial on this case than I have ever received before on any topic. And according to more than 9 out of 10 readers, I'm...
552
Lawrence Rogak
therogakreport
Mar 21, 2005 7:55 pm
N.Y. Counties Receive Insurance Anti-Fraud Funds (From InsuranceJournal.com) New York Governor George E. Pataki has announced the recipients of $5.3 million in...
553
Lawrence Rogak
therogakreport
Mar 21, 2005 8:51 pm
INSURER'S FAILURE TO SEEK STAY OF UM ARB WITHIN 20 DAYS WAIVES "INTENTIONAL ACT" DEFENSE Allstate Ins. Co. v. Calderon, 789 N.Y.S.2d 273 (2d Dept 2005) After...
554
Lawrence Rogak
therogakreport
Mar 22, 2005 4:20 am
NO FAULT INSURER FAILS TO ESTABLISH DEFENSE OF MEDICAL NECESSITY Nir a/a/o Josapphat Etienne v. Allstate Insurance Co., NYLJ 3/21/05 (Supreme Court, Kings...
555
Lawrence Rogak
therogakreport
Mar 23, 2005 6:12 pm
IGNORANCE OF CITY'S INVOLVEMENT IN CLAIM, AND IGNORANCE OF THE LAW, IS INSUFFICIENT EXCUSE TO FILE A LATE NOTICE OF CLAIM Akhmechet v. City of New York, NYLJ...
556
Lawrence Rogak
therogakreport
Mar 24, 2005 1:26 am
I love chocolate. It goes way beyond food in my world. It brings me a subtle feeling of well-being and contentment, too. When Europeans first discovered...
557
Lawrence Rogak
therogakreport
Mar 25, 2005 5:28 am
IDENTITY THEFT VICTIM HAS NO VALID CLAIM FOR FALSE ARREST Lewis v. United States, NYLJ 3/24/05 (USDC - SDNY) (PRESKA, j) This action arose out of the arrest of...
558
Lawrence Rogak
therogakreport
Mar 28, 2005 2:52 pm
Settlement Upset for Failure To Report Client's Death By Mark Fass, New York Law Journal, March 28, 2005 The Appellate Division, Fourth Department, has thrown...
559
Lawrence Rogak
therogakreport
Mar 29, 2005 12:02 pm
NO-FAULT INSURER'S MEDICAL EXPERT CANNOT TESTIFY AS TO HIS OPINION BASED SOLELY ON REPORTS NOT IN EVIDENCE Sunnyside Plus Inc. a/a/o Rene Attias v. Allstate...
560
Lawrence Rogak
therogakreport
Mar 30, 2005 4:24 pm
Insurers May Recover Funds Paid to Illegally Formed Health Clinics By John Caher, New York Law Journal, March 30, 2005 In a huge victory for the insurance...
