WHEN NO-FAULT INSURER'S DENIAL IS LATE, ARBITRATOR CANNOT REFUSE AWARD DUE TO LACK OF MEDICAL NECESSITY T.S. Medical P.C. v. Country Wide Ins. Co., NYLJ...
588
Lawrence Rogak
therogakreport
May 3, 2005 4:03 pm
PLAINTIFF HAS NO STANDING TO BRING DJ ACTION AGAINST DEFENDANT'S INSURER UNTIL AFTER HE OBTAINS A JUDGMENT AGAINST DEFENDANT Murphy v. Federal Insurance Co.,...
589
Lawrence Rogak
therogakreport
May 3, 2005 9:38 pm
[The following is another Rogak Rant which has nothing to do with insurance or law. According to a poll I ran on this website, the majority of you like to...
590
Lawrence Rogak
therogakreport
May 4, 2005 6:32 pm
HOME HEALTH ATTENDANT MAY BE LIABLE FOR PATIENT'S SIDEWALK FALL WHICH OCCURRED WHILE ATTENDANT WAS NOT PRESENT Lozada v. Arco Management Corp., NYLJ 5/04/05...
591
Lawrence Rogak
therogakreport
May 6, 2005 12:46 am
WE GET PLAINTIFF'S ATTORNEY DISQUALIFIED FOR REPRESENTING DRIVER AND PASSENGER, AND HE DOESN'T EVEN GET A FEE Ponomarev v. Oates et al., Supreme Court, Bronx...
592
TED HUENKE
thuenke
May 6, 2005 2:07 pm
As long as music does not emphasize the guitar as the prime melody maker of the music, it is not rock and roll. Ted Huenke Larry Rogak responds: That's an...
593
Lawrence Rogak
therogakreport
May 6, 2005 5:29 pm
PLAINTIFF GETS NO RELIEF FROM JURY VERDICT WHICH HIT THE "LOW" OF "HIGH - LOW" AGREEMENT McDonnell v. Tello, NYLJ 5/06/05 (Supreme Court, Westchester County) ...
594
Barry Zalma
bzalma
May 6, 2005 5:30 pm
Friends: I have just published to the "Zalma on Insurance" page at my website at http://www.zalma.com/webdoc22.htm an article entitled "Concurrent Cause ...
595
Lawrence Rogak
therogakreport
May 6, 2005 6:48 pm
COURT OF APPEALS HOLDS LEASING COMPANY LIABLE FOR ACCIDENT EVEN THOUGH DRIVER HAD DIPLOMATIC IMMUNITY The Court of Appeals yesterday held unanimously that Ford...
596
Lawrence Rogak
therogakreport
May 6, 2005 8:44 pm
CONSTRUCTION MANAGER WHO MONITORED SAFETY CONDITIONS HAS STRICT LIABILITY FOR WORKER'S FALL FROM LADDER Timothy Walls v Turner Construction Company, NYLJ...
597
Lawrence Rogak
therogakreport
May 6, 2005 10:15 pm
DEFENDANT WHO SETTLES WITH PLAINTIFF IS NOT SUBJECT TO A DEFAULT BY CO-DEFENDANT ON A CROSS-CLAIM Roberto Diaz Jr. et al. v. Biranand Inc. et al., Supreme...
598
Lawrence Rogak
therogakreport
May 9, 2005 5:45 pm
NEW JERSEY AUTO INVOLVED IN NEW YORK ACCIDENT IS SUBJECT TO NEW YORK LAW FOR UM ARBITRATION Matter of Santiago v. State Farm Indemnity Co., NYLJ 5/09/05...
599
Lawrence Rogak
therogakreport
May 12, 2005 10:20 pm
LONG, UNEXPLAINED GAP IN TREATMENT AFTER ACCIDENT DEFEATS CLAIM OF "SERIOUS INJURY" Fonrose v. Winter, NYLJ 5/12/05 (Civil Court, Kings County) (MATOS, j) This...
600
Lawrence Rogak
therogakreport
May 13, 2005 6:13 pm
WITHOUT PROOF THAT POLICY EXCLUDES FRAUDULENT CLAIMS, COURT REFUSES TO UPHOLD DISCLAIMER Matter of Allstate Insurance Co. v. Ganesh, NYLJ 5/13/05 (Supreme ...
601
Lawrence Rogak
therogakreport
May 17, 2005 5:04 pm
PERMISSION IS GRANTED TO INTERVIEW PLAINTIFF'S TREATING PHYSICIAN AFTER CASE IS READY FOR TRIAL Raynor v. St. Vincent's Hospital, NYLJ 5/17/05 (Supreme Court,...
602
Barry Zalma
bzalma
May 21, 2005 2:12 am
[] Los Angeles Chapter If you missed our May 19, 2005 meeting you missed an excellent presentation of information to help you in the business end of your...
603
Lawrence Rogak
therogakreport
May 23, 2005 2:42 pm
DISAGREEING WITH "WEST TREMONT" DECISION, COURT HOLDS THAT DEFENSE OF NO MEDICAL NECESSITY CAN BE USED AGAINST DIAGNOSTIC TESTING FACILITY Precision Diagnostic...
604
Lawrence Rogak
therogakreport
May 24, 2005 3:52 pm
ONCE COMP BOARD RULES THAT WORKERS INJURY WAS AN ACCIDENT, ANY CLAIM OF INTENTIONAL TORT IS BARRED Cicogna v. City of New York, NYLJ 5/24/05 (Supreme Court,...
605
Lawrence Rogak
therogakreport
May 25, 2005 11:55 pm
NO FAULT INSURER IS ENTITLED TO DEPOSITION OF PROVIDER ONLY AS TO MATTERS RELATING TO GROUNDS CITED IN DENIAL FORM All-County Medical & Diagnostic PC v....
606
Lawrence Rogak
therogakreport
May 26, 2005 12:56 pm
Northwest Seeks Time To Shore Up Pension, Or Risk Ch 11 NEW YORK (Dow Jones)(25 May 2005)--Unless the U.S. Congress grants Northwest Airlines Corp. (NWAC) more...
607
Lawrence Rogak
therogakreport
May 30, 2005 1:03 am
EXISTENCE OF OTHER INSURANCE DOES NOT EXCLUDE COVERAGE FOR DAMAGED PROPERTY UNLESS OTHER POLICY SPECIFICALLY COVERS THAT PROPERTY FOR THE BENEFIT OF THE...
609
Lawrence Rogak
therogakreport
Jun 1, 2005 12:42 pm
CO-DEFENDANTS, INSURED UNDER SAME POLICY, CANNOT PURSUE CROSS-CLAIMS FOR INDEMNIFICATION Fidel Blanco, et al. v. CVS Corporation, d/b/a CVS 346, Indian Rock, ...
610
Lawrence Rogak
therogakreport
Jun 1, 2005 12:47 pm
Dear Readers: I keep getting emails offering me Viagra, Cialis and Levitra. I don't need these medications. I usually just delete them, but I have been...
611
Lawrence Rogak
therogakreport
Jun 2, 2005 2:36 pm
WHERE OBLIGATIONS IN CONTRACTS CONFLICT WITH INSURANCE POLICY TERMS, THE POLICIES RULE ON COVERAGE ISSUES United States Liability Ins. Co. v. Mountain Valley...
612
Lawrence Rogak
therogakreport
Jun 3, 2005 2:52 pm
BY BRINGING PERSONAL INJURY SUIT, PLAINTIFF WAIVES HIPAA PRIVACY RIGHTS Holzle v. Healthcare Services Group Inc., NYLJ 6/03/05 (Supreme Court, Niagara County)...
613
Lawrence Rogak
therogakreport
Jun 3, 2005 2:53 pm
Man Sues for $10 Million After Toilet Explosion MORGANTOWN, W.Va. (June 3) - A man who says he was severely burned when a portable toilet exploded after he sat...
614
Lawrence Rogak
therogakreport
Jun 7, 2005 1:56 am
EMERGENCY DOCTRINE DOES NOT APPLY TO DRIVER WHO STRUCK CAR THAT WAS STOPPED DUE TO EARLIER ACCIDENT Viera v. Lexington Leasing Co., NYLJ 6/06/05 (Supreme...
615
Lawrence Rogak
therogakreport
Jun 7, 2005 3:34 pm
NO-FAULT DENIAL THAT CHANGED CPT CODES AND PAID LOWER FEES IS HELD INEFFECTIVE Summit Medical Services PC v. American International Ins. Co., NYLJ 6/07/05...
616
Lawrence Rogak
therogakreport
Jun 9, 2005 7:24 pm
ISSUES OF FACT AS TO VICIOUS PROPENSITIES RESULTS IN DENIAL OF SUMMARY JUDGMENT IN DOG BITE SUIT Oritz v. Bonacquisto, NYLJ 6/09/05 (Supreme Court, Putnam...
617
Lawrence Rogak
therogakreport
Jun 10, 2005 3:52 pm
CLAIM THAT ICE ON ROAD CAUSED REAR-END COLLISION DESPITE CAREFUL DRIVING, AVOIDS SUMMARY JUDGMENT ON LIABILITY Stern v. Chang, NYLJ 6/09/05 (USDC - SDNY)...
