PLAINTIFF SLIPS AND FALLS ON GREASY MOVIE THEATRE FLOOR, BUT CANNOT PROVE HOW LONG CONDITION EXISTED Taquana Jones and Willie Fuller, Plaintiffs, against AMC...
965
Lawrence Rogak
therogakreport
Sep 1, 2006 4:49 pm
LANDLORD'S FAILURE TO STOP TENANTS FROM SMOKING MIGHT BREACH WARRANTY OF HABITABILITY -- CAN LIABILITY BE FAR BEHIND? Poyck v. Bryant (Civil Court, New York...
966
Barry Zalma
bzalma
Sep 1, 2006 8:23 pm
Friends, I have published to my site, http://www.zalma.com the September 1, 2006 issue of Zalma's Insurance Fraud Letter where you can read Have You Had Your...
967
Lawrence Rogak
therogakreport
Sep 5, 2006 2:50 pm
ARBITRATOR'S INTERPRETATION OF PANEL FEES IS RATIONAL AND WILL NOT BE OVERTURNED BY COURT Odyssey Reinsurance Corp. v. ACE Property & Casualty Ins. Co., NYLJ ...
968
Lawrence Rogak
therogakreport
Sep 6, 2006 11:42 pm
SETTLEMENT MADE IN OPEN COURT WILL NOT BE VACATED Trakansook v. Kerry, NYLJ 9/06/06 (Supreme Court, Queens County) (Index no. 14220/1998) (GAVRIN, j) This was...
969
Lawrence Rogak
therogakreport
Sep 7, 2006 5:56 pm
ONCE INSURER PARTICIPATES IN ARBITRATION IT CANNOT MOVE FOR A STAY Allstate Ins. Co. v. Merrick, NYLJ 9/07/06 (Supreme Court, New York County) (Index no....
970
Barry Zalma
bzalma
Sep 7, 2006 10:13 pm
Friends: Please consider attending the next meeting of the Los Angeles Chapter of the Forensic Expert Witness Association if you intend on being in the Los...
971
Lawrence Rogak
therogakreport
Sep 11, 2006 5:00 pm
In memory of the victims of 9/11. Their suffering, their fear, their courage and their sacrifice will never be forgotten as long as free people walk the earth....
972
Lawrence Rogak
therogakreport
Sep 12, 2006 8:47 pm
FLIGHT DELAY, DAMAGED BAGGAGE RESULTS IN $1,000 SMALL CLAIMS AWARD Malek v Societe Air France 2006 NY Slip Op 26357 Decided on September 8, 2006 Civil Court...
973
Lawrence Rogak
therogakreport
Sep 13, 2006 6:46 pm
PAINTING CONTRACTOR FAILS TO PROVE THAT SPRAYING DID NOT AGGRAVATE PLAINTIFFS' PRE-EXISTING RESPIRATORY PROBLEMS; SUMMARY JUDGMENT DENIED Spiegel v. Fine Paint...
974
Lawrence Rogak
therogakreport
Sep 14, 2006 9:48 pm
FAILURE TO FILE REQUIRED NOTICE OF CLAIM IS FATAL TO SUIT FOR NO- FAULT BENEFITS AGAINST MVAIC Bonsai Medical Acupuncture PC v. MVAIC, NYLJ 9/14/06 (Index no. ...
975
Lawrence Rogak
therogakreport
Sep 15, 2006 7:59 pm
EVEN IF NO-FAULT DENIAL IS LATE, PROVIDER IS NOT ENTITLED TO SUMMARY JUDGMENT IF INSURER'S DEMANDS REGARDING FRAUDULENT INCORPORATION ARE OUTSTANDING ...
976
Lawrence Rogak
therogakreport
Sep 18, 2006 8:33 pm
ASSIGNOR'S FAILURE TO RESPOND TO REQUESTS FOR STATEMENTS DEFEATS PROVIDER'S NO-FAULT SUIT IK Med., P.C. a/a/o Tahir Aliyev, Violet Aliyev, and Rafail Aliyev v ...
977
Barry Zalma
bzalma
Sep 22, 2006 6:31 pm
To those who understand, L'Shana Tova; To those who don't, Happy New Year. Rosh Hashana, the Jewish New Year, begins at sundown tonight. According to tradition...
978
crimson43h
Sep 22, 2006 6:33 pm
I wanted to get opinions regarding No Fault and apportionment. An IME was conducted on an insured and the finding was that 50% of the problems were related to...
979
Lawrence Rogak
therogakreport
Sep 22, 2006 7:24 pm
No Fault pays only for treatment for injuries caused by an accident, including treatment for the aggravation of pre-existing conditions. If an IME doctor...
980
Lawrence Rogak
therogakreport
Sep 22, 2006 7:34 pm
NO INDEPENDENT CAUSE OF ACTION EXISTS FOR ATTORNEYS FEES IN NO FAULT SUIT Response Med. Equip. a/a/o Raven Applewhite, Neville Brown, James Cartwright, Natashy...
981
Frank Reiser
q2u2e2star
Sep 25, 2006 4:37 am
http://www.contracostatimes.com/mld/cctimes/news/local/states/california/155 81431.htm Suspects accused of staging accidents Four men, including three...
982
Lawrence Rogak
therogakreport
Sep 26, 2006 4:51 pm
Lee v State Farm Fire & Cas. Co. 2006 NY Slip Op 06559 Decided on September 19, 2006 Appellate Division, Second Department Edited by Lawrence N. Rogak...
983
Ron
rvianu
Sep 26, 2006 4:58 pm
If a peer review determines a surgical procedure is not medically necessary (e.g., it determines the procedure was premature in the defined clinical context),...
984
Lawrence Rogak
therogakreport
Sep 27, 2006 5:48 pm
INADVERTENT SUBMISSION OF BILLS TO WRONG INSURER IS A "REASONABLE EXCUSE" FOR LATE SUBMISSION Hempstead Pain & Med Servs., P.C. a/a/o Sofia Rivera v...
985
Lawrence Rogak
therogakreport
Sep 28, 2006 4:46 am
VILLAGE HAS NO LIEN ON COP'S UIM CLAIM TO RECOUP WAGES IT PAID WHILE COP WAS DISABLED FROM AUTO ACCIDENT Musgrove v American Protection Ins. Co. and Village of...
986
Barry Zalma
bzalma
Oct 3, 2006 4:56 am
Friends: I have posted to my site, http://www.zalma.com, the October 1, 2006 issue of Zalma's Insurance Fraud Letter where you can read: Some Charges Against...
987
Lawrence Rogak
therogakreport
Oct 3, 2006 8:04 pm
HOMEOWNER WHOSE TREE ROOTS ARE CRACKING NEIGHBOR'S GARAGE MUST REMOVE TREE OR PAY DAMAGES Iny v. Collom, App. Term, 2d Dept, 2005-952 N.C. (Decided 8/15/06) In...
988
Lawrence Rogak
therogakreport
Oct 3, 2006 10:58 pm
'Utterly Inexcusable' Acts Prompt Censure of Judge By John Caher New York Law Journal October 3, 2006 ALBANY - An Albany city judge who descended from the...
989
Lawrence Rogak
therogakreport
Oct 5, 2006 7:44 pm
INSURER'S ADMISSION OF RECEIVING BILLS, ALONE, IS NOT ENOUGH TO MAKE OUT PRIMA FACIE CASE FOR PLAINTIFF Empire State Psychological Services a/a/o Samantha...
990
Lawrence Rogak
therogakreport
Oct 5, 2006 10:46 pm
MEDICAL NECESSITY DEFENSE APPLIES TO RADIOLOGISTS WHO DO MRI BY PRESCRIPTION West Tremont Med. Diagnostic, P.C. a/a/o Janette Lamb-McCleod v Geico Ins. Co....
991
Lawrence Rogak
therogakreport
Oct 6, 2006 1:17 am
NO FAULT ATTORNEY FEES GET AWARDED ONLY ONCE FOR ALL BILLS SUBMITTED FOR SAME ASSIGNOR Civil Court of the City of New York, Richmond County Adam Marigliano,...
992
Lawrence Rogak
therogakreport
Oct 9, 2006 5:05 pm
"NEW REGS" ARE RETROACTIVE IN BANNING ASSIGNMENT OF NO-FAULT TRANSPORTATION CLAIMS Dependable Ambulette, Inc. a/a/o Johnson, Jenniva et al. v. Allstate Ins....
993
Lawrence Rogak
therogakreport
Oct 10, 2006 3:11 am
"TRIVIAL DEFECT" IN SIDEWALK RESULTS IN SUMMARY JUDGMENT FOR DEFENDANT Gisele Ambroise v New York City Transit Authority 2006 NY Slip Op 07132 Decided on...
