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)...
940
Lawrence Rogak
therogakreport
Aug 2, 2006 2:01 pm
INSURED'S REASONABLE BELIEF THAT IT WAS NOT LIABLE FOR ACCIDENT EXCUSES LATE NOTICE Evangelos Car Wash, Inc. v Utica First Ins. Co., 2006 NY Slip Op 51495 (U),...
941
Frank Reiser
q2u2e2star
Aug 2, 2006 2:03 pm
Why wouldn't his patients be part of the scam, too? http://www.newsobserver.com/102/story/464082.html Chiropractor caught coaching his clients in scams ...
942
Barry Zalma
bzalma
Aug 2, 2006 2:07 pm
Friends: The August 1, 2006 issue of Zalma's Insurance Fraud Letter has been published at http://www.zalma.com where you can read, among others, the following...
943
Lawrence Rogak
therogakreport
Aug 2, 2006 6:38 pm
"MALLELA" IS RETROACTIVE, SAYS APPELLATE TERM, SO FRAUDULENTLY INCORPORATED CLINICS CANNOT COLLECT BENEFITS ARISING UNDER "OLD REGS" Metroscan Imaging PC a/a/o...
944
Lawrence Rogak
therogakreport
Aug 5, 2006 1:55 am
CHURCH GRANTED CONDITIONAL INDEMNIFICATION AGAINST CONTRACTOR IN LABORER'S INJURY SUIT Serrano v St. James Episcopal Church, 2006 NY Slip Op 51511(U) (Decided...
945
Lawrence Rogak
therogakreport
Aug 11, 2006 1:30 pm
NO-FAULT DENIAL BASED ON PEER REVIEW MUST BE SPECIFIC AS TO FINDINGS, BUT COPY OF PEER REVIEW REPORT NEED NOT BE ATTACHED A.B. Med. Servs. PLLC v. Betty...
946
Lawrence Rogak
therogakreport
Aug 11, 2006 10:04 pm
DEFENDANT IS ENTITLED TO EXCLUDE PLAINTIFFS FROM EACH OTHERS' DEPOSITIONS TO AVOID COLLUSION Hanna v Graphic Arts Mut. Ins. Co., 2006 NY Slip Op 51547(U) ...
947
Lawrence Rogak
therogakreport
Aug 14, 2006 5:05 am
OPEN AND OBVIOUS HEIGHT DIFFERENTIAL BETWEEN PLAYGROUND MATTING AND SURROUNDING PAVEMENT LEADS TO DISMISSAL OF TRIP AND FALL SUIT Christine Meagher-Cox v....
948
Lawrence Rogak
therogakreport
Aug 15, 2006 9:57 pm
AUTO EXCLUSION IN CGL POLICY APPLIES EVEN THOUGH POLICY CONTAINS CERTAIN LOADING AND UNLOADING COVERAGE Douglas R. Ruge v. Utica First Insurance Company,...
949
Lawrence Rogak
therogakreport
Aug 16, 2006 1:37 pm
SETTLING AND CRACKING ARE ONLY EXCLUDED IF CAUSE IS NATURAL; IF CAUSED BY NEARBY DEMOLITION WORK ON SOMEONE ELSE'S PROPERTY, IT IS COVERED 242-44 EAST 77TH...
950
Lawrence Rogak
therogakreport
Aug 16, 2006 3:27 pm
ONCE A CLAIMANT SUBMITS A BILL TO ARBITRATION, HE CANNOT LITIGATE ANY OTHER BILLS FROM THE SAME ACCIDENT Pueblo Medical Treatment, P.C., a/a/o Odilis Garcia,...
951
Lawrence Rogak
therogakreport
Aug 17, 2006 9:42 pm
NO FAULT INSURER MUST ASSERT INTOXICATION DEFENSE WITHIN 30 DAYS OR LOSE THE DEFENSE Eugene Russo, as Administrator of the Estate of JAMES E. RUSSO, Deceased,...
952
Lawrence Rogak
therogakreport
Aug 18, 2006 12:08 am
PEER REVIEW DOCTOR CAN TESTIFY AS TO CONTENT OF PLAINTIFF'S MEDICALS, EVEN THOUGH THEY ARE NOT IN EVIDENCE, SAYS APPELLATE TERM Cross Continental Medical,...
953
Lawrence Rogak
therogakreport
Aug 18, 2006 3:15 pm
PROVIDER'S ASSIGNMENT OF BENEFITS TO FINANCE COMPANY DOES NOT DEPRIVE PROVIDER OF STANDING TO SUE INSURER FOR NO-FAULT BENEFITS Andrew Carothers, M.D., P.C.,...
954
Lawrence Rogak
therogakreport
Aug 18, 2006 8:07 pm
Dear Readers: I have started a new, specialized insurance law newsletter designed for the field of religious institutions and schools. This new newsletter,...
955
Lawrence Rogak
therogakreport
Aug 21, 2006 5:58 pm
DISCREPANCIES IN PLAINTIFF'S TESTIMONY CREATE CREDIBILITY ISSUES FOR JURY TO DECIDE Chisolm v. New York City Transit Authority (Index no. 17883/2004) (Supreme...
956
Lawrence Rogak
therogakreport
Aug 23, 2006 1:06 pm
COURT REJECTS BENEFICIARY'S LUMP SUM TRANSFER OF STRUCTURED SETTLEMENT AS NOT IN HER BEST INTERESTS Matter of Settlement Capital Corp. v. Yates, 2006 NY Slip...
957
Lawrence Rogak
therogakreport
Aug 23, 2006 10:41 pm
AUTO ACCIDENT VICTIM CANNOT RECOVER BASIC ECONOMIC LOSS AT TRIAL, EVEN IF DEFENDANT CONSENTS TO MEDICAL BILLS' ADMISSION AS EVIDENCE Maria Aparicio v. John...
958
Barry Zalma
bzalma
Aug 24, 2006 8:15 pm
I wrote the article above for the ABA who gave me permission to post it on my web site. You can read it, if you are interested, at ...
959
Lawrence Rogak
therogakreport
Aug 25, 2006 5:06 pm
Countryman v Watertown Hous. Auth. 2006 NY Slip Op 26337 Decided on August 16, 2006 Supreme Court, Jefferson County McGuire, J. Edited by Lawrence N....
960
TERRY VAN WHITNEY
terry_whitne...
Aug 25, 2006 5:11 pm
Hi Group: I have a client who has a client that was injured on another persons property. This other person (I have name, address, phone,etc) refuses to give...
961
Lawrence Rogak
therogakreport
Aug 29, 2006 9:57 pm
PERMISSIVE DRIVER HELD NOT TO BE "RESIDENT RELATIVE" AND AUTO NOT "TEMPORARY SUBSTITUTE," SO AUTO INSURER MUST DEFEND AND INDEMNIFY DeCeglie v State Farm Ins....
962
Lawrence Rogak
therogakreport
Aug 30, 2006 6:47 pm
INADVERTENT LOSS OF EVIDENCE WHICH HURTS BOTH SIDES EQUALLY IS NOT SPOLIATION; SANCTIONS DENIED Wisman v. Staten Island University Hospital (NYLJ...
963
Lawrence Rogak
therogakreport
Sep 1, 2006 1:04 am
CGL INSURER MUST DEFEND INSURED IN CLAIM ARISING FROM RIVET GUN WORK ON AN AUTO; "AUTO EXCLUSION" DOES NOT APPLY Guishard v General Sec. Ins. Co. 2006 NY Slip...
