QUESTION OF WHETHER MERCEDES REPAIR BY NON-AUTHORIZED SHOP MAY IMPAIR VALUE OF CAR REQUIRES A TRIAL McNulty v. Allstate Ins. Co., NYLJ 10/03/05 (District...
Automobile dealers have asked us: What happens to a car which is returned to the dealer pursuant to a Lemon Law arbitration? Is there any way to avoid having...
BECAUSE NO FAULT INSURER CANNOT PROVE THAT ITS DENIAL WAS TIMELY, IT LOSES THE 'INTOXICATION' AND 'DEFECTIVE ASSIGNMENT'DEFENSES The New York and Presbyterian...
INSURED'S KNOWLEDGE OF ENOUGH ACCIDENT FACTS TO MAKE HIM EXPECT A LAWSUIT TRIGGERS DUTY TO NOTIFY INSURER Tower Ins. Co. of New York v. Navana Restaurant Inc.,...
U.S.A. HAD NOT RATIFIED AMENDMENT TO WARSAW CONVENTION IN 2001, SO AIRLINE WHICH RE-ROUTED CARGO CANNOT LIMIT LIABILITY FOR ITS LOSS AVERO BELGUIM INSURANCE,...
POLICE OFFICER'S WARRANTLESS SEARCH FOR SUSPECT IS NOT A STATUTORY VIOLATION WHICH CAN CREATE LIABILITY FOR SUSPECT'S SHOOTING OF COP Mosomillo v. City of New...
Justice Rejects Class Action Based on Mouthwash Ads By Mark Fass, New York Law Journal, October 7, 2005 A Manhattan judge has denied a motion for class...
CALCULATING LOST WAGES UNDER THE N0-FAULT LAW The issue of calculating a claimant's eligibility for lost wages under No-Fault keeps coming up in phone calls...
Dear Readers: In 1999, my book, "Rogak's New York Insurance And Negligence Digest," was published by James Publishing Company, a law book publisher. The book...
WORKER'S FALL FROM TOP OF BUILDING FOUNDATION INTO BASEMENT IS AN ELEVATION RELATED RISK Oliveira v. Long Island Home Development Corp., NYLJ 10/11/05 (Supreme...
Dear Readers: The following is the "premises liability" section of my 1999 book, "Rogak's New York Insurance And Negligence Digest." These cases cover every...
WHERE "UNINSURED" MOTORIST MAY HAVE FALSELY REPORTED VEHICLE AS STOLEN, CLAIMANT WHO ACCEPTED UM BENEFITS IS NOT BARRED FROM SUING Tuchten v. Palazzola, NYLJ...
INSURED'S MISREPRESENTATION THAT THEY LIVED IN "UNOCCUPIED" COTTAGE RESULTS IN POLICY RESCISSION Waters v. New York Property Ins. Underwriting Association,...
This is in addition to the recent Rogak Report on this matter. You have to remember that the law states that in the first year of benefits only, the lost wage...
CONSTRUCTION WORKER IS COVERED BY SCAFFOLD LAW FOR FALL FROM SIDEWALK BRIDGE DURING HIS LUNCH BREAK Morales v. Spring Scaffolding, Inc., NYLJ 10/17/05 (1st...
Big Tobacco Scores Supreme Court Victory High Court Won't Allow Government to Pursue Penalty By GINA HOLLAND, AP Experts say the Supreme Court's decision on...
FEDERAL EXPRESS GETS BENEFIT OF LIMITATION OF LIABILITY PRINTED ON AIRBILL FOR SHIPMENT HIJACKED DURING LAND TRANSPORT IN BRAZIL Eli Lilly do Brasil Ltda. v....
AMERICAN COURT HELD PROPER FORUM FOR DJ ACTION ARISING OUT OF CRASH OF EGYPTAIR FLIGHT The Boeing Co. v. EgyptAir, NYLJ 10/18/05 (USDC - EDNY) This is a...
Friends: I have convinced National Underwriter to provide you with a discount for the California Insurance Fraud Symposium. If you can attend take advantage of...
What kind of liability and coverage issues are involved in the use of "dealer plates" owned by a new or used car dealer? Here are some cases which illustrate...
One of my readers has written to ask what the statute of limitations is for bringing no-fault lawsuits against insurance carriers. She received a written...
BUS PASSENGER'S COMP CARRIER MAY BRING LOSS TRANSFER ARBITRATION AGAINST BUS'S LIABILITY INSURER A.I. Transport v. New York State Ins. Fund, 301 A.D.2d 380,...
VALET SERVICE LIABLE FOR THEFT OF CUSTOMER'S CAR Continental Ins. Co. v. Willis Seafood Restaurant Inc., NYLJ 10/20/05 (Supreme Court, New York County)...
COURT DEFINES LIMITS OF INSURER'S ABILITY TO DENY NO-FAULT BILLS BASED ON FRAUDULENT LICENSING OF MEDICAL FACILITY Statewide Medical Acupuncture Services PC v....
AN ASSAULT BY THE INSURED IS AN EXCLUDED INTENTIONAL ACT, EVEN IF THE PLAINTIFF ALLEGES IT WAS "NEGLIGENCE" J. Andrea Carting Services Inc. v. Atlantic...
WHERE AUTO INSURER BECOMES INSOLVENT, CLAIMANTS MAY NOT TURN TO MVAIC UNTIL PMV DENIES THE CLAIM Mejia v. Santos, NYLJ 10/21/05 (Supreme Court, Bronx County) ...
FAILURE TO SHOW FOR IME'S, AND A FAILURE TO PROVE MEDICAL NECESSITY FOR TREATMENT, RESULT IN DISMISSAL OF NO-FAULT SUITS Foster Diagnostic Imaging P.C. v....
Today's news is that we have reached the 2,000 milestone in American military casualties in Iraq. In no way do I intend to minimize or trivialize the supreme...
Rogak Report reader Kal Miller writes: Larry, My colleagues and I were not the ones that rendered the opinion for your reader, but we concur with the opinion...
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Oct 26, 2005 9:58 pm
Enter your vote today! A new poll has been created for the TheRogakReport group: An auto insurance company files for loss transfer arbitration against your...
