BUS OPERATOR HAS DUTY TO LET PASSENGERS OFF IN A SAFE PLACE Elizabeth Frett v. New York City Transit Authority (Index No. 11958/98) (2d Dept 2005) Plaintiff...
"MALELLA" DOES NOT APPLY RETROACTIVELY, SAYS THIS COURT; FAULTY LICENSING NO BAR TO NO-FAULT RECOVERY Multiquest PLLC v. Allstate Ins. Co., NYLJ 01/04/06...
OUTDOOR CAFE'S USE OF SIDEWALK CREATES ISSUE OF FACT AS TO WHETHER IT IS RESPONSIBLE FOR DEFECT Lucciola v. City of New York, NYLJ 01/06/06 (Supreme Court, New...
COURT IMPOSES 6-MONTH LIMIT ON DAMAGES FOR AIDS PHOBIA IF TEST RESULTS ARE NEGATIVE Ornstein v. New York City Health and Hospitals Corp., NYLJ 01/09/06 (1st...
EVIDENCE THAT HOME'S RAIN GUTTERS DIRECTED SNOW MELT ONTO DRIVEWAY CREATES QUESTION OF FACT AS TO CONSTRUCTIVE NOTICE OF ICY PATCH Theresa Schmidt v. Thomas...
A client of my firm poses a good question: When an insurance carrier seeks to disclaim coverage, should it (a) issue a disclaimer (b) commence a DJ action (c)...
Does a workers compensation insurer (or self-insurer) have a right to recover WC medical and lost wage benefits from the no-fault carrier of a vehicle in which...
UM CLAIMANT'S FAILURE TO RETURN PROOF OF CLAIM FORM IS NO BASIS TO DISCLAIM AS LONG AS TIMELY NOTICE WAS GIVEN TO INSURER In the Matter of the arbitration...
PROVIDING DEFENSE WITHOUT A RESERVATION OF RIGHTS DOES NOT INVALIDATE DISCLAIMER FOR NON-COVERAGE BASED ON INFORMATION LEARNED LATER Federated Department...
Dear Clients, Friends and Readers: At the end of the month we are moving back to our old offices in Oceanside, New York. We had moved to our present office in...
WHEN INSURANCE BROKER ADVISES INSURED THAT DESIRED COVERAGE IS NOT AVAILABLE, HE DOES NOT BREACH FIDUCIARY DUTY Scotto Princeton LLC v. Felsen Associates Inc.,...
Dear Group - I wanted to introduce the ServeNow.com Process Server Directory to those of you who are not yet familiar with it (http://www.serve-now.com). ...
NO FAULT INSURER NEED ONLY ESTABLISH THAT COLLISION WAS NOT ACCIDENTAL TO AVOID COVERAGE; PROOF OF ACTUAL FRAUD NOT NECESSARY V.S. Medical Services P.C. v....
WITHOUT PROOF OF VICIOUS PROPENSITIES, STRICT LIABILITY CLAIM FOR DOG ATTACK IS DISMISSED BUT NEGLIGENCE CLAIM SURVIVES Semensohn v. Ozkan, NYLJ 1/31/06...
ARBITRATOR'S REFUSAL TO CONSIDER WORKERS COMP BENEFITS AS OFFSET TO UM AWARD RESULTS IN NEW HEARING CNA Global Resource Managers v. Berry, NYLJ 2/02/06...
I am a faithful reader of The Rogak Report and a long time workers comp professional. I have launched as a weblog an online resource on working immigrants,...
MAJOR INCONSISTENCIES IN PLAINTIFF'S TRIAL TESTIMONY LEAD TO DEFENSE VERDICT THAT COURT WILL NOT DISTURB ROCCO v. LONG ISLAND RAILROAD, NYLJ 2/03/06 (USDC -...
AIRLINE PASSENGER'S INJURY CLAIM ARISING FROM HOT TEA SPILLED DURING TURBULENCE IS GOVERNED BY WARSAW CONVENTION Robinson v. Virgin Atlantic Airways Ltd., NYLJ...
INSURED WHICH ONLY REPAIRED CUSTOMER'S BICYCLE IS ENTITLED TO LIABILITY COVERAGE DESPITE COMPLETED OPERATIONS EXCLUSION Associated Mutual Ins. Coop. v. Bader,...
NON-ADMITTED FOREIGN STATE AUTO INSURER HELD SUBJECT TO NEW YORK NO- FAULT ARBITRATION American Independent Ins. v. Gerard Avenue Medical PC, NYLJ 2/07/06 ...
DOCTOR'S SMALL PERCENTAGE OF FEES IS NOT ENOUGH TO PROVE FRAUDULENT CORPORATE STRUCTURE AIU Ins. Co. v. Deajess Medical Imaging P.C., NYLJ 2/10/06 (Supreme ...
COURT UPHOLDS HEALTH INSURER'S RIGHT TO SUBROGATE AGAINST POLICYHOLDER'S BI CLAIM SETTLEMENT Principe v. City of New York, NYLJ 2/13/06 (Supreme Court,...
I wrote this valentine for plaintiffs' attorneys to send to their sweeties: Dearest darling, hear my plea This is what you mean to me: You're my sidewalk with...
PSYCHOLOGIST'S OPINION ABOUT PLAINTIFF'S MENTAL TRAUMA HELD SUFFICIENT TO AVOID SUMMARY JUDGMENT ON THRESHOLD ISSUE Lysniak v. Boursiquot, NYLJ 2/14/06...
I just wanted to confirm with those who handle nys pip my understanding of how apip coverage impacts the maximum amount of wages payable a month. We all know...
LACK OF SIGNATURE ON CLAIM FORM MUST BE RAISED IN NO-FAULT DENIAL OR ELSE DEFENSE IS WAIVED Crossbridge Diagnostic Radiology P.C. v. The Travelers Indemnity...
RECOVERING BASIC PIP PAYMENTS FROM A NON-COVERED PERSON Can a no-fault insurer who has paid first party benefits to a covered person as a result of an auto...
