STATUTE OF LIMITATIONS FOR DAMAGE OR LOSS TO AUTO BY PARKING LOT IS SIX, NOT THREE, YEARS Rodriguez v. Central Parking System of New York Inc., NYLJ 10/27/05 ...
750
Lawrence Rogak
therogakreport
Oct 28, 2005 3:39 pm
CONDO OWNERS NOT LIABLE FOR INJURIES DUE TO DEFECTS IN COMMON AREAS Pekelnaya v. Allyn et al., Index no. 116732/02 (1st Dept 2005) The "novel issue" raised in...
751
Lawrence Rogak
therogakreport
Oct 31, 2005 7:05 pm
PLAINTIFF CANNOT ESTABLISH THAT PHOTOCOPY MACHINE WAS DAMAGED BY MOVING COMPANY Wenig, Ginsberg Saltiel & Greene LLP v. Precision Movers Inc., NYLJ 10/31/05...
752
Lawrence Rogak
therogakreport
Nov 2, 2005 5:22 am
EXCESS INSURER IS ALLOWED TO DISCLAIM DESPITE EARLIER WITHDRAWAL OF LATE NOTICE DISCLAIMER Admiral Indemnity Co. v. Pancas Restaurant Inc., NYLJ 11/01/05 ...
753
Barry Zalma
bzalma
Nov 3, 2005 3:34 pm
Friends, if you missed the last meeting you have an opportunity in November so mark your calendars: DATE: November 17, 2005 LOCATION: Sportsman's...
754
Lawrence Rogak
therogakreport
Nov 4, 2005 2:59 am
Glued To Toilet, Man Sues Home Depot DENVER, Colorado (AP) -- Home Depot was sued by a shopper from a Kentucky store who claims he got stuck to a restroom...
755
Lawrence Rogak
therogakreport
Nov 4, 2005 7:16 pm
IN SWIMMING POOL DIVING ACCIDENT, LACK OF DEPTH MARKINGS LEAVES QUESTIONS OF FACT WHICH REQUIRE A TRIAL Fornaro v. Azar, NYLJ 11/02/05 (Supreme Court, Suffolk...
756
Lawrence Rogak
therogakreport
Nov 4, 2005 9:03 pm
Decided on October 31, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT A. GAIL PRUDENTI, P.J. ANITA R. FLORIO ...
757
Lawrence Rogak
therogakreport
Nov 4, 2005 9:07 pm
WHEN AUTO POLICIES OF DRIVER AND OWNER ARE SIMILAR, "OWNED" VEHICLE COVERAGE IS PRIMARY OVER "NON-OWNED" COVERAGE New York Central Mutual Fire Insurance...
758
Lawrence Rogak
therogakreport
Nov 4, 2005 9:31 pm
Dear Readers: There is a poll currently running in The Rogak Report website. Please vote and make your voice heard before the poll closes! Visit the...
759
Lawrence Rogak
therogakreport
Nov 7, 2005 9:42 pm
WHERE HEALTH CARE PROVIDER REFERS PATIENT TO SOMEONE HE HAS A "FINANCIAL RELATIONSHIP" WITH, HE CAN'T COLLECT NO FAULT BENEFITS Stand-Up MRI of the Bronx a/a/o...
760
Lawrence Rogak
therogakreport
Nov 8, 2005 3:24 pm
UIM CLAIMANT'S 26-MONTH DELAY IN GIVING NOTICE OF HIS CLAIM LEADS TO PERMANENT STAY OF ARBITRATION Matter of Assurance Co. of America v. Delgrosso, NYLJ...
761
Lawrence Rogak
therogakreport
Nov 9, 2005 3:46 pm
FACULTATIVE REINSURANCE CONTRACTS FOLLOW THE FORM, AND EXTRINSIC EVIDENCE IS NORMALLY NOT NEEDED TO INTERPRET THEIR TERMS Travelers Casualty and Surety Co. v....
762
TheRogakReport@yahoog...
Nov 10, 2005 9:09 am
The following TheRogakReport poll is now closed. Here are the final results: POLL QUESTION: An auto insurance company files for loss transfer arbitration...
763
Lawrence Rogak
therogakreport
Nov 10, 2005 4:19 pm
INSURER HAS NO STANDING TO BRING SUBROGATION LAWSUIT IF ANOTHER PENDING LAWSUIT WILL DETERMINE ITS RIGHT TO SUBROGATE State Farm Mutual Automobile Ins. Co. v....
764
Lawrence Rogak
therogakreport
Nov 10, 2005 4:33 pm
INTERCOMPANY LOSS TRANSFER AWARDS: WHICH COVERAGE LINE PAYS THE AWARD? You insure a car service. You receive a demand for arbitration of a loss transfer case...
765
Lawrence Rogak
therogakreport
Nov 14, 2005 9:57 pm
SUMMARY JUDGMENT DENIED TO ELEVATOR MAINTENANCE COMPANY; MALFUNCTION RAISES POSSIBILITY OF "RES IPSA" CHARGE Gaillard v. Centennial Elevator Industries Inc.,...
766
Lawrence Rogak
therogakreport
Nov 16, 2005 1:25 am
JUDGE APPOINTS DEFENSE COUNSEL AS TEMPORARY ADMINISTRATOR FOR DEAD DEFENDANT Biancono v. Pierre, NYLJ 11/15/05 (Civil Court, Kings County) (NADELSON, j) This...
767
Lawrence Rogak
therogakreport
Nov 17, 2005 9:31 pm
ONCE PLAINTIFF OBTAINS WAIVER OF COMP LIEN AND SETTLES HIS BI ACTION, HE CANNOT GO BACK TO COMP CARRIER FOR ITS SHARE OF LITIGATION EXPENSES Sambets Jr. v....
769
Lawrence Rogak
therogakreport
Nov 18, 2005 3:55 pm
DISCLAIMER OF COVERAGE DOES NOT HAVE TO BE TIMELY IF CLAIM IS FRAUDULENT Matter of Government Employees Ins. Co. v Spence2005 NY Slip Op 08714Decided on...
770
Lawrence Rogak
therogakreport
Nov 21, 2005 5:55 am
[This is a Rogak Rant having nothing to do with insurance or law. If my opinions don't interest you, please delete now.] ... "If someone is going to kill me,...
771
Lawrence Rogak
therogakreport
Nov 22, 2005 12:36 am
PLAINTIFF'S INCONSISTENT VERSION OF ACCIDENT CANNOT BE READ TO JURY FROM HOSPITAL RECORD Cuevas v. Alexander's, Inc., d/b/a Kings Plaza Shopping Center, et ...
772
Lawrence Rogak
therogakreport
Nov 22, 2005 9:13 pm
SOLDIER'S INJURIES DURING ROUTINE HELICOPTER MAINTENANCE IN IRAQ WERE NOT CAUSED BY "ACT OF WAR" Damon v. Fortis Benefits Ins. Co., (Supreme Court, Rockland...
773
Lawrence Rogak
therogakreport
Nov 23, 2005 4:59 pm
Dear Readers: Thanksgiving is, in my opinion, the best holiday of the year. Spend a few moments with me and let me tell you why. First, Thanksgiving is...
774
Lawrence Rogak
therogakreport
Nov 28, 2005 3:02 pm
BUILDING'S BALCONY IS NOT A "SCAFFOLD," DOES NOT SUPPORT SCAFFOLD LAW CLAIM Caruana v. Lexington Village Condominiums at Bay Shore, 2005 NY Slip Op 08940,...
775
Lawrence Rogak
therogakreport
Nov 28, 2005 11:35 pm
In an occurrence almost as rare as the appearance of Halley's comet or a bank error in your favor, the father of two girls who were injured at the Macy's Day...
776
Lawrence Rogak
therogakreport
Nov 30, 2005 12:46 am
WHEN PRE-NOTE OF ISSUE SUIT IS MARKED OFF ACTIVE CALENDAR WITHOUT A 90-DAY NOTICE, IT SHOULD BE RESTORED ON MOTION Terence Clark v. Great Atlantic & Pacific...
777
Lawrence Rogak
therogakreport
Nov 30, 2005 1:02 am
NO-FAULT INSURER LOSES LAWSUIT: INVESTIGATION IS NO BASIS FOR DELAY Nyack Hospital a/a/o Stacey Gersten v. Encompass Insurance Company (Index No. 10244/04) (2d...
778
Lawrence Rogak
therogakreport
Dec 1, 2005 6:12 pm
WHEN INJURY IS CAUSED BY SIDEWALK PORTION OF DRIVEWAY, BURDEN IS ON LANDOWNER TO PROVE LACK OF NEGLIGENCE Adorno v. Carty and City of New York (Index No....
779
Lawrence Rogak
therogakreport
Dec 2, 2005 2:26 pm
LIVERY EXCLUSION FORMS VALID BASIS FOR DISCLAIMER; INSURER GIVEN TIME TO INVESTIGAE BEFORE DISCLAIMING Winifred Halloway v. State Farm Insurance Companies...
