IN N.Y.C. CIVIL COURT SUITS, SERVICE UPON SUPERINTENDENT OF INSURANCE GIVES DEFENDANT 30 DAYS FROM FILING OF PROOF OF SERVICE TO SERVE ANSWER Linden...
910
Lawrence Rogak
therogakreport
Jun 7, 2006 3:08 pm
Schiffman v Hann Auto Trust 2006 NY Slip Op 51060(U) Decided on May 30, 2006 Supreme Court, Nassau County Palmieri, J. Edited by Lawrence N. Rogak Decided...
912
Bob H
hhsatchmo
Jun 9, 2006 2:02 am
Larry, Bless your Father! As a young man, I worked at a retirement home and was honored to spend time with many WWII Veterans. I cherished the time I was...
913
Lawrence Rogak
therogakreport
Jun 9, 2006 4:53 pm
COURT HOLDS THAT MEDICAL NECESSITY DEFENSE IS NOT AVAILABLE AGAINST RADIOLOGISTS, BUT AUTHORIZES SUBROGATION ACTION AGAINST REFERRING DOCTOR Long Is. Radiology...
914
Lawrence Rogak
therogakreport
Jun 13, 2006 8:34 am
DRIVER BACKS UP AND STRIKES PEDESTRIAN; BECAUSE HE ONLY USED MIRRORS AND DID NOT TURN TO LOOK, SUMMARY JUDGMENT FOR PLAINTIFF Fiero v Barclay Water Mgt., Inc....
915
Lawrence Rogak
therogakreport
Jun 13, 2006 11:02 pm
INSURER MAY PRODUCE EXPERT AT TRIAL OTHER THAN THE ONE WHO PERFORMED PEER REVIEW, AS LONG AS HE IS PROPERLY DISCLOSED TO PLAINTIFF SK Med. Servs., P.C. v...
916
Lawrence Rogak
therogakreport
Jun 14, 2006 4:55 pm
ISSUE OF FACT ABOUT WHETHER OILING MACHINE MADE BOWLING LANE SLIPPERY PREVENTS SUMMARY JUDGMENT FOR BOWLING ALLEY Roethgen v AMF Babylon Lanes 2006 NY Slip Op...
917
Ron
rvianu
Jun 15, 2006 12:40 pm
This sounds like a disastrous decision. In NY Comp, the fee schedule specifically addresses this issue in the Radiology Ground Rules, where it states "when a...
918
Lawrence Rogak
therogakreport
Jun 16, 2006 5:35 pm
AMBIGUITY IN HOMEOWNER'S POLICY MEANS INSURED GETS COVERED EVEN THOUGH HE DID NOT RESIDE AT THE PREMISES Marshall v Tower Ins. Co. of N.Y. 2006 NY Slip Op...
919
Lawrence Rogak
therogakreport
Jun 20, 2006 5:33 pm
DENIAL BASED ON LATE SUBMISSION OF BILL MUST ADVISE CLAIMANT OF HIS RIGHT TO JUSTIFY LATENESS SZ Medical PC, JH Chiropractic PC, New Wave Oriental Acupuncture...
920
Lawrence Rogak
therogakreport
Jun 20, 2006 10:26 pm
[Note: a review of this decision appears in The Rogak Report, 20 June 2006] SZ Med. P.C. v Country-Wide Ins. Co. 2006 NYSlipOp 26194 Decided on May 17, 2006...
921
Lawrence Rogak
therogakreport
Jun 21, 2006 11:44 pm
IF PLAINTIFF DOES NOT REJECT DEFENDANT'S ANSWER, HE IS NOT ENTITLED TO DEFAULT JUDGMENT Lefferts Med., Inc. v Lumbermens Mut. Cas. Co. 2006 NY Slip Op...
922
Lawrence Rogak
therogakreport
Jun 22, 2006 6:13 pm
MARATHON PARTICIPANT ASSUMES RISK OF FATAL HEART ATTACK; SPONSOR NOT LIABLE FOR FAILURE TO HAVE AMBULANCE ON SITE Fazzinga v. Westchester Track Club, Index no....
923
Lawrence Rogak
therogakreport
Jun 23, 2006 9:17 pm
BUSINESS INTERRUPTION COVERAGE REQUIRES COMPLETE AND TOTAL SHUTDOWN; PARTIAL OPERATION VOIDS COMPENSATION Madison Maidens Inc. v. American Manufacturers Mutual...
924
Lawrence Rogak
therogakreport
Jun 26, 2006 9:07 pm
CHIROPRACTORS, PHYSICAL THERAPISTS MAY USE CPT CODES FROM THE MEDICINE SECTION OF THE FEE SCHEDULE Robert Physical Therapy, P.C. a/a/o David Cardoza, Ayodele...
925
Lawrence Rogak
therogakreport
Jun 27, 2006 7:11 pm
NO FAULT INSURER SENDS FOLLOW-UP VERIFICATION TOO EARLY; COURT HOLDS THAT THIS VOIDS FIRST REQUEST AND MAKES DENIAL UNTIMELY Sea Side Med., P.C. a/a/o Sandra...
926
Mallinson, Eric (CLAI...
eric_mallinson
Jun 27, 2006 9:03 pm
This case provides a different of interpretation of additional veifications from Supreme Court in Nassau. I hope State Farm Appeals this case in Richmond...
927
Lawrence Rogak
therogakreport
Jun 29, 2006 10:59 pm
DOG OWNER GETS SUMMARY JUDGMENT DUE TO LACK OF PROOF THAT DOG HAD PROPENSITY TO JUMP ON PEOPLE Adelaide Cohen v. Daniel Kretzschmar, (2d Dept 2006) (Index No....
928
Lawrence Rogak
therogakreport
Jul 3, 2006 8:30 pm
PROPERTY DAMAGE CAUSED BY SEWER BACKUP IS EXCLUDED FROM PROPERTY INSURANCE POLICY Sephardic Lebanese Congregation Inc. v. Travelers Indemnity Co. of ...
929
Barry Zalma
bzalma
Jul 6, 2006 11:00 pm
Friends: I posted to http://www.zalma.com the July 1, 2006 issue of Zalma's Insurance Fraud Letter which is available FREE. If you wish to subscribe to the...
SETTLEMENT MADE AT COURT CONFERENCE, BUT NOT SET DOWN IN WRITTEN AGREEMENT, IS NOT ENFORCEABLE Darelle Andre-Long v. Verizon Corp. (2d DEPT 2006)(Index No....
932
Lawrence Rogak
therogakreport
Jul 12, 2006 6:35 pm
PLAINTIFF ALMOST WINS AT TRIAL DUE TO DEFENDANT'S FAILURE TO RESPOND TO NOTICE TO ADMIT Adam Marigliano LMT a/a/o Guillermo Rios and Criselda Rodriquez v. ...
933
Lawrence Rogak
therogakreport
Jul 17, 2006 5:54 pm
CONSTRUCTION WORKER INJURED IN FLOOR COLLAPSE HAS A SCAFFOLD LAW CLAIM EVEN IF HE WAS ONLY WALKING BETWEEN TASKS AT TIME OF INJURY Jones v Powell Plaza Hous....
934
Lawrence Rogak
therogakreport
Jul 19, 2006 6:56 pm
ATTORNEY CANNOT SIGN A VALID RELEASE WITHOUT AFFIDAVIT OF AUTHORITY FROM CLIENT State Farm Mut. Auto. Ins. Co. a/s/o Andrew J. Cupolo Jr. v Classic Pontiac GMC...
935
Lawrence Rogak
therogakreport
Jul 21, 2006 9:20 pm
FAILURE TO PROVE AN ASSIGNMENT OF BENEFITS AT TRIAL LEADS TO JUDGMENT FOR DEFENDANT INSURER Elite Med. Care, P.C. a/a/o Dan Teper v. Travelers Prop. & Cas....
936
Lawrence Rogak
therogakreport
Jul 24, 2006 10:17 pm
FOR NO FAULT ATTORNEY FEE PURPOSES, COURT DEFINES EACH "CLAIM" AS EACH NF-3 A.M. Medical Services PC v. New York Central Mutual Fire Ins. Co., NYLJ 7/24/06,...
937
Lawrence Rogak
therogakreport
Jul 25, 2006 8:31 pm
OWNERS OF DOG WHICH RAN INTO STREET, CAUSING BICYCLIST TO FALL, ARE NOT ENTITLED TO SUMMARY JUDGMENT Ernesto Arbanil v. Charles E. Flannery, et al., (2d Dept...
938
Lawrence Rogak
therogakreport
Jul 27, 2006 6:08 pm
NEW NO-FAULT AMENDMENTS AFFECT PRIORITY OF COVERAGE SITUATIONS Dear Readers: On 24 March 2006, the New York State Insurance Department promulgated an amendment...
939
Lawrence Rogak
therogakreport
Jul 31, 2006 2:03 pm
DEFENDANT GETS NO SET-OFF FOR SOCIAL SECURITY DISABILITY BENEFITS IF PLAINTIFF DOES NOT APPLY FOR THEM Duma v Seasons Contr. Corp., 2006 NY Slip Op 51483(U)...
