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)...
618
Lawrence Rogak
therogakreport
Jun 10, 2005 8:58 pm
ROGAK REPORT reader Robyn Lilling writes: Larry, I, too, get these advertisements, and others besides. Being a woman handling and negotiating bodily injury...
619
Lawrence Rogak
therogakreport
Jun 13, 2005 3:53 pm
RAILROAD EMPLOYEE WHO FELL ON STATION STAIRS ON THE WAY BACK TO HIS CAR AT EMPLOYEE LOT DOES NOT COME WITHIN 'COMMUTER RULE' EXCEPTION TO LIABILITY Reddic v....
620
Lawrence Rogak
therogakreport
Jun 14, 2005 2:04 pm
THE MICHAEL JACKSON VERDICT Opinion by Larry Rogak Well, once again we see proof of a truism about the American legal system: you can't convict a celebrity of...
621
Lawrence Rogak
therogakreport
Jun 14, 2005 3:11 pm
FACTORY OWNER NOT LIABLE FOR ASSAULT BY CO-WORKER IN PARKING LOT Chiovaro v. Whitman Packaging Inc., NYLJ 6/14/05 (Supreme Court, Suffolk County) (WHELAN, j) ...
622
Lawrence Rogak
therogakreport
Jun 15, 2005 2:30 am
Personal Injury Firm Must Withdraw Ads After Named Partner Is Suspended By Mark Fass, New York Law Journal, June 14, 2005 Following the suspension of one of...
623
Lawrence Rogak
therogakreport
Jun 17, 2005 1:52 pm
ATTORNEY'S BAD BEHAVIOR AT DEPOSITION RESULTS IN NEW DEPOSITION AND SANCTIONS Hester v. Sendlebach, NYLJ 6/15/05 (Supreme Court, Nassau County) (DUNNE, j) In...
624
Lawrence Rogak
therogakreport
Jun 17, 2005 3:00 pm
LIVERY EXCLUSION UPHELD; OFFENDING VEHICLE WAS "UNINSURED" AND UM ARBITRATION GOES FORWARD Matter of State Farm Mutual Automobile Ins. Co. v. Williams, NYLJ ...
625
Lawrence Rogak
therogakreport
Jun 20, 2005 6:47 pm
Insurers Claim N.J. Supreme Court Ruling is Setback for Auto Market By Andrew G. Simpson, Jr. (Reprinted from "Insurance Journal," June 14, 2005) Insurance...
626
Lawrence Rogak
therogakreport
Jun 20, 2005 9:45 pm
THOUGH INSURED GAVE LATE NOTICE, INSURER'S FAILURE TO DISCLAIM WAIVED THAT DEFENSE NYAT Operating Corp. v. GAN National Ins. Co., NYLJ 6/20/05 (Supreme Court,...
627
Lawrence Rogak
therogakreport
Jun 22, 2005 9:32 pm
LEAVING INSURED'S APARTMENT NUMBER OFF NOTICE OF CANCELLATION TO DMV RENDERS CANCELLATION INEFFECTIVE Providence Washington Ins. Co. v. Castro, NYLJ 6/22/05...
628
Lawrence Rogak
therogakreport
Jun 24, 2005 1:30 pm
YO QUIERO REEMBOLSO! DEFECTIVE CHIHUAHUA OWNER GETS REFUND Cahill v. Blume, NYLJ 6/23/05 (Civil Court, Richmond County) (McMAHON, j) Maria Cahill brought a...
629
Lawrence Rogak
therogakreport
Jun 24, 2005 2:16 pm
WHEN PLAINTIFF DISAPPEARS WITHOUT SIGNING RELEASE, SETTLEMENT IS NOT ENFORCEABLE Summers v. Medical Support Transportation, NYLJ 6/23/05 (Civil Court, Bronx...
630
Lawrence Rogak
therogakreport
Jun 24, 2005 7:56 pm
When my wife and I bought our house on Long Island, we noticed that numerous ducks and geese would traverse our lawn each day. There is a boatyard next door...
631
Lawrence Rogak
therogakreport
Jun 27, 2005 6:03 pm
INSTALLING COMPUTER CABLES FOR HOTEL'S INTERNET SERVICE MIGHT BE ACTIVITY COVERED BY SCAFFOLD LAW Eduwu v. French Quarter V, NYLJ 6/27/05 (Supreme Court,...
632
Lawrence Rogak
therogakreport
Jun 29, 2005 2:30 am
JURY CANNOT GO BACK AND CHANGE ITS VERDICT AFTER IT LEARNS THAT ITS FINDINGS RESULTED IN ZERO AWARD Pavlou v. The City of New York, NYLJ 6/27/05 (1st Dept...
633
Lawrence Rogak
therogakreport
Jun 29, 2005 3:34 pm
FAILURE TO ISSUE TIMELY DISCLAIMER FOR LATE NOTICE WILL WAIVE THAT DEFENSE IF CLAIM IS COVERED UNDER POLICY Barr & Barr Inc v. Mercando Contracting Co. Inc.,...
634
Lawrence Rogak
therogakreport
Jun 30, 2005 8:20 pm
INSURANCE CODE ON POLICE REPORT IS PRIMA FACIE EVIDENCE OF COVERAGE AND DEFEATS INSURER'S MOTION FOR SUMMARY JUDGMENT Clarendon Nat'l Ins. Co v. Gonzalez, NYLJ...
635
Lawrence Rogak
therogakreport
Jul 1, 2005 2:25 am
ILLEGAL ALIEN'S LOST WAGES ARE LIMITED TO WHAT HE COULD HAVE EARNED IN HIS NATIVE COUNTRY Sanango v. 200 East 16 Street Housing Corporation, 15 A.D.3d 36, 788 ...
636
Barry Zalma
bzalma
Jul 1, 2005 10:16 pm
Friends: I have published today to my web site at http://www.zalma.com the July 1, 2005 issue of Zalma's Insurance Fraud Letter which contains the following: ...
637
Lawrence Rogak
therogakreport
Jul 5, 2005 12:49 pm
Somebody took a poll recently of the 100 best, or most memorable, movie lines of all time, and I thought it was worth sharing. Hope you do too. But they...
638
Lawrence Rogak
therogakreport
Jul 5, 2005 1:15 pm
LIABILITY FOR 'RECURRING CONDITION' REQUIRES PROOF OF DEFENDANT'S KNOWLEDGE AND PROOF OF CAUSATION Sutton v. Bruno's Village Inc., NYLJ 7/01/05 (Supreme Court,...
