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3143

Drunk Drivers - Relicensing

COURT OF APPEALS UPHOLDS DMV REGS WHICH RETROACTIVELY CONSIDER DRUNK DRIVERS' PAST OFFENSES Matter of Acevedo v New York State Dept. of Motor Vehs. 2017 NY
insurancelawyer
May 11
#3143
 
3142

Facebook loses bid to reject warrants

FACEBOOK CANNOT APPEAL GRANT OF WARRANT TO SEARCH USER'S ACCOUNT, HOLDS COURT OF APPEALS Matter of 381 Search Warrants Directed to Facebook, Inc.
insurancelawyer
Apr 5
#3142
 
3141

Labor Law - Scaffold Law - Slippery Stairs

CONSTRUCTION WORKER'S SLIP AND FALL ON WET TEMPORARY STAIRCASE IS NOT ENOUGH FOR SUMMARY JUDGMENT O'Brien v Port Auth. of N.Y. & N.J.
insurancelawyer
Apr 3
#3141
 
3140

Dog Liability

NO LIABILITY FOR DOG THAT RAN DOWN STREET TRAILING LOOSE BIKE RACK BEHIND Scavetta v Wechsler http://nycourts.gov/reporter/3dseries/2017/2017_01985.htm 2017 NY
insurancelawyer
Mar 17
#3140
 
3139

Construction - Builders Risk - Cranes

CONSTRUCTION CRANE LOSS IS NOT COVERED UNDER BUILDER'S RISK POLICY DUE TO "CONTRACTOR'S TOOLS" EXCLUSION Lend Lease (US) Constr. LMB Inc. v Zurich Am. Ins. Co.
insurancelawyer
Feb 15
#3139
 
3138

Exclusions - Auto - Loading and Unloading

AUTO EXCLUSION APPLIES TO TRUCKER INJURED WHILE UNLOADING TRAILER Country-Wide Ins. Co. v Excelsior Ins. Co.
insurancelawyer
Feb 2
#3138
 
3137

Municipal Liability - Highway Design - Speeding

CITY LIABLE TO JAYWALKING PEDESTRIAN STRUCK BY UNLICENSED SPEEDING DRIVER BECAUSE IT DIDN'T ADEQUATELY STUDY TRAFFIC CALMING MEASURES Turturro v City of New
insurancelawyer
Dec 22, 2016
#3137
 
3136

Copyright Infringement - Music - Public Performance

NEW YORK LAW DOES NOT PROVIDE ROYALTIES FOR RADIO PLAY OF PRE-1972 SONGS, HOLDS COURT OF APPEALS Flo & Eddie, Inc. v Sirius XM Radio, Inc.
insurancelawyer
Dec 20, 2016
#3136
 
3135

Intercompany Arbitration - Policy Exhaustion

INTERCOMPANY ARBITRATION: THOUGH AWARD EXCEEDS POLICY LIMITS, COURT WILL NOT VACATE Nationwide Mut. Ins. Co. v Geico Cas.
insurancelawyer
Dec 5, 2016
#3135
 
3134

Florida - Homeowners Insurance - Concurrent Cause

FLORIDA SUPREME COURT RULES: AS LONG AS POLICY COVERS ANY CAUSE, HOMEOWNERS INSURER MUST COVER LOSS WITH CONCURRENT CAUSES American Home Assurance Co. v Sebo,
insurancelawyer
Dec 2, 2016
#3134
 
3133

Municipal Liability - Notice Of Claim - Sheriffs

NOTICE OF CLAIM NOT REQUIRED FOR SUIT AGAINST SHERIFFS Villar v Howard http://www.nycourts.gov/reporter/3dseries/2016/2016_06944.htm 2016 NY Slip Op 06944
insurancelawyer
Oct 25, 2016
#3133
 
3132

Late Notice - Disclaimers

INSURER MIGHT NOT HAVE WAIVED LATE NOTICE DEFENSE EVEN THOUGH NOT MENTIONED IN DISCLAIMER LETTER Estee Lauder Inc. v OneBeacon Ins. Group, LLC
insurancelawyer
Sep 15, 2016
#3132
 
3131

Intoxication - Breathalyzer Refusal

APPELLATE DIVISION REJECTS ARGUMENT THAT DRIVER WAS TOO DRUNK TO "KNOWINGLY" REFUSE BREATHALYZER Matter of Hickey v New York State Dept. of Motor Vehs.
insurancelawyer
Aug 25, 2016
#3131
 
3130

UM Arbitration - Contact Requirement

CHUNK OF CONCRETE THAT FELL OFF DUMP TRUCK DOES NOT QUALIFY FOR SUM COVERAGE Matter of Ean Holdings LLC v Joseph
insurancelawyer
Aug 24, 2016
#3130
 
3129

Coverage - "Insured Versus Insured" Exclusion

AMBIGUITY IN POLICY AS TO WHETHER INSURED'S EMPLOYEES ARE ALSO "INSUREDS" VOIDS EXCLUSION FOR "INSURED VS. INSURED" Boro Park Land Co., LLC v Princeton Excess
insurancelawyer
Jun 15, 2016
#3129
 
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