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...
845
Lawrence Rogak
therogakreport
Mar 18, 2006 6:36 pm
Dear Readers: On 18 March 1994, having just left a job with another law firm, I opened The Law Office of Lawrence N. Rogak by renting a desk in a suite owned...
846
Lawrence Rogak
therogakreport
Mar 20, 2006 3:25 pm
Mr. Rogak: I enjoy reading your news every day. Yours are one of the few email messages that I don't delete without reading them in their entirety. I never...
847
Lawrence Rogak
therogakreport
Mar 20, 2006 9:19 pm
IF TREATMENT DOES NOT VIOLATE "GENERALLY ACCEPTED MEDICAL PRACTICE" THEN IT IS NOT "UNNECESSARY" FOR NO-FAULT BENEFITS A.R. Medical Art P.C. a/a/o Nato Seselia...
848
Lawrence Rogak
therogakreport
Mar 21, 2006 2:22 am
N.Y. Groups to Study Effects of Insurers Denying Dog Owners Coverage A New York organization for dog owners and a marketing firm that caters to the interests...
849
Lawrence Rogak
therogakreport
Mar 21, 2006 11:27 pm
PLAINTIFF'S FAILURE TO EXPLAIN LONG GAPS IN TREATMENT LEADS TO DISMISSAL ON "THRESHOLD" MOTION Sharif v. Moore, NYLJ 3/21/06 (Supreme Court, Kings County)...
850
Lawrence Rogak
therogakreport
Mar 23, 2006 2:47 pm
DEFENDANT WAITED TOO LONG TO MAKE CHANGES TO DEPOSITION TRANSCRIPT; SANCTION IMPOSED FOR THROWING AWAY EVIDENCE Kelley v. Empire Roller Skating Rink Inc., NYLJ...
851
Lawrence Rogak
therogakreport
Mar 24, 2006 9:29 pm
Dear Readers: I enjoy exercising my brain by filling it with little bits of trivia. As today is Friday and I'm looking forward to the weekend, I thought I'd...
852
Lawrence Rogak
therogakreport
Mar 29, 2006 6:39 pm
CIVIL COURT CAN HEAR DJ ACTION IF CLAIMANT'S ULTIMATE GOAL IS MONEY Whitfield v. State Farm Mutual Automobile Ins. Co., NYLJ 3/29/06 (Civil Court, New York...
853
Lawrence Rogak
therogakreport
Mar 30, 2006 12:58 am
In the most significant appellate decision on the subject of no-fault fraud since Medical Society of New York v. Serio, we have won a decision in the Appellate...
854
Lawrence Rogak
therogakreport
Mar 30, 2006 1:11 pm
For those of you who can't resist limited-edition collectibles, here's one you won't want to miss: Described by the seller as "a collector's dream come true,"...
855
Lawrence Rogak
therogakreport
Mar 30, 2006 10:54 pm
NO-FAULT PAYMENTS ARE NOT "OVERDUE" IF THEY WERE TIMELY DENIED; IF PROPERLY DENIED, THEY CANNOT BE OVERDUE New York Craniofacial Care, P.C. a/a/o Maria Vega,...
856
Lawrence Rogak
therogakreport
Mar 30, 2006 11:34 pm
WHEN LOST BAGGAGE CONTAINS ITEMS OF SENTIMENTAL VALUE BUT NO MARKET VALUE, ONLY NOMINAL DAMAGES CAN BE AWARDED Wali Mohammed v Air France, 2006 NY Slip Op...
857
Lawrence Rogak
therogakreport
Apr 3, 2006 2:33 am
GOLDFISH ARE "DOMESTICATED ANIMALS" AND STOMPING THEM TO DEATH IS A FELONY People v. Michael Garcia, NYLJ 04/03/06 (1st Dept 2006) In a decision which appears...
858
Lawrence Rogak
therogakreport
Apr 3, 2006 9:05 pm
COURT FIND INSURER'S PROOF OF MAILING NO-FAULT DENIAL TO BE INSUFFICIENT Harbor Medical & Diagnostic PC a/a/o Sandra Dorsett v. Allstate Ins. Co., NYLJ 4/03/06...
859
Barry Zalma
bzalma
Apr 5, 2006 12:34 am
Friends: I have published the April issue of Zalma's Insurance Fraud Letter at http://www.zalma.com. In it you can read, among other things: The Silicosis...
860
Lawrence Rogak
therogakreport
Apr 5, 2006 1:04 am
NEW JERSEY LAW HELD TO APPLY TO NEW YORKERS WHO RENTED CAR IN NEW JERSEY AND HAD ACCIDENT IN QUEBEC King v. Car Rentals Inc., NYLJ 4/03/06 (2d Dept 2006) On...
861
Lawrence Rogak
therogakreport
Apr 8, 2006 12:28 am
ONCE A N0-FAULT BILL IS SUBMITTED TO ARBITRATION IT CAN NEVER BE LITIGATED EVEN IF WITHDRAWN FROM ARB A.B. Medical Services PLLC, D.A. Chiropractic P.C.,...
862
Lawrence Rogak
therogakreport
Apr 9, 2006 6:04 pm
DESPITE MRI SHOWING BULGING DISC, PLAINTIFF'S FULL RANGE OF MOTION 1 WEEK POST ACCIDENT LEADS TO DISMISSAL OF LAWSUIT Lillian Aponte v. Robert P. Tusa, (Index...
863
Lawrence Rogak
therogakreport
Apr 9, 2006 6:17 pm
INSURED'S EIGHT-MONTH DELAY IN REPORTING INCIDENT TO INSURER RESULTS IN VALID DISCLAIMER; NOTICE TO BROKER IS NOT NOTICE TO INSURER Paul Developers, LLC V....
