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...
816
leerailunder
Feb 3, 2006 9:06 pm
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,...
817
Lawrence Rogak
therogakreport
Feb 6, 2006 4:14 am
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 -...
818
Lawrence Rogak
therogakreport
Feb 6, 2006 4:44 pm
AIRLINE PASSENGER'S INJURY CLAIM ARISING FROM HOT TEA SPILLED DURING TURBULENCE IS GOVERNED BY WARSAW CONVENTION Robinson v. Virgin Atlantic Airways Ltd., NYLJ...
819
Lawrence Rogak
therogakreport
Feb 7, 2006 7:21 pm
INSURED WHICH ONLY REPAIRED CUSTOMER'S BICYCLE IS ENTITLED TO LIABILITY COVERAGE DESPITE COMPLETED OPERATIONS EXCLUSION Associated Mutual Ins. Coop. v. Bader,...
820
Lawrence Rogak
therogakreport
Feb 8, 2006 10:03 pm
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 ...
821
Lawrence Rogak
therogakreport
Feb 10, 2006 10:52 pm
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 ...
822
Barry Zalma
bzalma
Feb 13, 2006 3:37 pm
If you are going to be in Southern California on Thursday we invite you to our meeting described below. DATE: February 16, 2006 LOCATION:...
823
Lawrence Rogak
therogakreport
Feb 13, 2006 4:59 pm
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,...
824
Lawrence Rogak
therogakreport
Feb 14, 2006 4:38 pm
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...
825
Lawrence Rogak
therogakreport
Feb 14, 2006 7:27 pm
PSYCHOLOGIST'S OPINION ABOUT PLAINTIFF'S MENTAL TRAUMA HELD SUFFICIENT TO AVOID SUMMARY JUDGMENT ON THRESHOLD ISSUE Lysniak v. Boursiquot, NYLJ 2/14/06...
826
crimson43h
Feb 17, 2006 8:39 pm
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...
827
Lawrence Rogak
therogakreport
Feb 17, 2006 8:48 pm
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...
828
Lawrence Rogak
therogakreport
Feb 20, 2006 5:08 pm
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...
829
Lawrence Rogak
therogakreport
Feb 21, 2006 8:14 pm
SELF-EMPLOYED DRIVER TURNED DOWN BY WORKERS COMP BOARD IS ENTITLED TO NO FAULT BENEFITS Global Liberty Insurance Company v. Tarek Abdelhaq (unreported) ...
830
Lawrence Rogak
therogakreport
Feb 24, 2006 3:01 pm
PLAINTIFF'S FALSE TESTIMONY, DISCOVERED POST-TRIAL, LEADS TO NEW TRIAL ON DAMAGES Brooks v. Maintenance Service Resources Inc., NYLJ 2/24/06 (Supreme Court,...
831
Lawrence Rogak
therogakreport
Feb 27, 2006 1:14 pm
SKIER FAILS TO PROVE THAT DEFECTIVE SKI BINDING CAUSED HIS ACCIDENT Bret D'Auguste v. Shanty Hollow Corp., d/b/a Hunter Mountain Ski Bowl, Inc. and Marker...
832
Lawrence Rogak
therogakreport
Feb 28, 2006 1:17 pm
NO FAULT INSURER MUST OBJECT TO DEFECTIVE ASSIGNMENT WITHIN 10 DAYS OR DEFENSE IS WAIVED Chiropractic Neurodiagnostics P.C. v. Travelers Indemnity Co., NYLJ ...
833
Lawrence Rogak
therogakreport
Mar 1, 2006 2:26 am
NO-FAULT CLAIMS STILL UNPAID UNDER OLD REGULATIONS CAN BE CHALLENGED BASED ON FRAUDULENT PROVIDER INCORPORATION Allstate Ins. Co. v. Belt Parkway Imaging P.C.,...
834
Barry Zalma
bzalma
Mar 1, 2006 10:48 pm
Volume 10, number 2 of the free Zalma's Insurance Fraud Letter has been published at http://www.zalma.com. Highlights of the issue include: More On the AIG...
835
Lawrence Rogak
therogakreport
Mar 3, 2006 2:23 am
INSURED'S 57-DAY DELAY IN REPORTING OCCURRENCE SUPPORTS INSURER'S LATE NOTICE DISCLAIMER Thelma Steinberg v. Hermitage Insurance Co. (Index No. 27355/98)(2d ...
836
Lawrence Rogak
therogakreport
Mar 6, 2006 9:17 pm
DISCLAIMER WHICH CITES BOTH VALID AND INVALID REASONS FOR DISCLAIMING IS STILL EFFECTIVE State Insurance Fund v. Utica First Ins. Co., 807 NYS2d 351 (1st Dept ...
837
Lawrence Rogak
therogakreport
Mar 7, 2006 3:49 pm
MERE TECHNICAL DEFICIENCY IN PROVIDER'S LICENSE DOES NOT BAR PAYMENT; PROVIDER HAS BURDEN OF PROOF OF VALUE OF NON-SCHEDULED SERVICES Ava Acupuncture PC v....
838
Barry Zalma
bzalma
Mar 10, 2006 12:59 am
The Right to Subrogation May Eliminate Coverage in Disasters I posted an article on my web site at http://www.zalma.com/zalmaoninsurance.htm that explains...
839
Barry Zalma
bzalma
Mar 10, 2006 9:03 pm
Friends: If you will be in the Los Angeles area next Thursday evening, please make your reservations for the upcoming March 16th 2006 meeting of the Forensic...
840
Lawrence Rogak
therogakreport
Mar 10, 2006 9:17 pm
HOTEL NOT LIABLE FOR THEFT FROM GUEST'S CAR, SELF-PARKED IN UNATTENDED PARKING LOT Waterton v. Linden Motor Inn, NYLJ 3/10/06 (Civil Court, Kings County)...
841
Lawrence Rogak
therogakreport
Mar 10, 2006 11:10 pm
BYSTANDERS INJURED DURING PROMOTIONAL T-SHIRT TOSS WITHSTAND MOTION TO DISMISS Curran v. CXR Holding Inc. d/b/a WBAM-FM, Index no. 011118/02 (Supreme Court,...
842
Lawrence Rogak
therogakreport
Mar 14, 2006 3:23 pm
COURT REJECTS HEALTH INSURER'S BID TO INTERVENE IN INFANT'S MEDICAL MALPRACTICE LAWSUIT Singh v. Long Island Jewish Medical Center, NYLJ 3/13/06 (Supreme ...
843
Lawrence Rogak
therogakreport
Mar 16, 2006 2:43 am
Dear Readers: Your Truly just got a nice defense verdict today, so let me give you this exclusive report on my own case (I represented defendant Shapiro). ...
844
Lawrence Rogak
therogakreport
Mar 17, 2006 10:48 pm
AUTO POLICY PROVIDES NO COVERAGE FOR WIFE'S SUIT AGAINST INSURED HUSBAND Dattore v. Dattore, NYLJ 3/17/06 (Supreme Court, Bronx County) (ROMAN, j) This...
