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3114

Sidewalk Liability - Abutting Owners - New York City

NOT ONLY ABUTTING OWNER, BUT ALSO NEXT DOOR OWNER MAY BE LIABLE FOR DEFECTIVE SIDEWALK Sangaray v West Riv. Assoc., LLC
insurancelawyer
Feb 11
#3114
 
3113

Birth Defects - Gasoline Vapor - Expert Witness

TOP COURT REJECTS EXPERT OPINION THAT SMELL OF GASOLINE PROVES TOXIC EXPOSURE LEVEL FOR FETUS Sean R. v BMW of N. Am., LLC
insurancelawyer
Feb 11
#3113
 
3112

Auto Liability - Left Turn - Comparative Negligence

DRIVER MAKING LEFT TURN MUST YIELD; ONCOMING DRIVER NOT COMPARATIVELY NEGLIGENT Foley v Santucci
insurancelawyer
Jan 23
#3112
 
3111

Disclaimers - Timeliness

INSURER WAITS UNTIL AFTER TRAVERSE HEARING TO ISSUE DISCLAIMER BASED ON FAILURE TO COOPERATE; TOO LATE, COURT HOLDS Batista v Global Liberty Ins. Co. of N.Y.
insurancelawyer
Jan 23
#3111
 
3110

Assumption of Risk - Golf

EXPERIENCED GOLFER ASSUMED THE RISK OF SLIPPING ON GOLF COURSE WET WITH MORNING DEW Bryant v Town of Brookhaven
insurancelawyer
Jan 23
#3110
 
3109

Storm In Progress Rule

PLAINTIFF WHO RAISES ISSUE AS TO WHETHER HE SLIPPED ON "OLD ICE" CAN DEFEAT SUMMARY JUDGMENT MOTION Burniston v Ranric Enters. Corp.
insurancelawyer
Jan 5
#3109
 
3108

Assault And Battery Exclusion - Dram Shop

ASSAULT AND BATTERY EXCLUSION APPLIES WHERE ALL ALLEGATIONS ARISE OUT OF AN ASSAULT Amato v National Specialty Ins. Co.
insurancelawyer
Jan 5
#3108
 
3107

Discovery - Facebook

NO FISHING ON FACEBOOK, HOLDS APPELLATE DIVISION Request to search through plaintiff's on-line photos denied in absence of factual predicate Forman v Henkin
insurancelawyer
Dec 20, 2015
#3107
 
3106

Primary versus Umbrella Carriers - Subrogation

PRIMARY INSURER HAS NO STANDING TO BRING DJ ACTION AGAINST UMBRELLA INSURER RE COVERAGE FOR INSURED; SETTLEMENT PAYMENT OVER PRIMARY LIMITS IS "VOLUNTARY," NOT
insurancelawyer
Nov 30, 2015
#3106
 
3105

Videotape - IME

COURTROOM DRAMA PLAINTIFF ATTORNEY SECRETLY TAPES IME, CONFRONTS DOCTOR AT TRIAL TRIAL JUDGE CALLS DOCTOR A LIAR AFTER FORCING HIM TO ESTIMATE LENGTH OF IME
insurancelawyer
Nov 24, 2015
#3105
 
3104

DJ Actions - Venue

In today's Rogak's New York PIP Reporter: https://groups.yahoo.com/neo/groups/NewYorkPIP/info Where is the proper venue for a DJ action? The county where the
insurancelawyer
Sep 28, 2015
#3104
 
3103

Bad Faith - Third Parties

AUTO INJURY CLAIMANT'S ATTEMPT TO SUE DEFENDANT'S INSURER AND CLAIMS REP FOR BAD FAITH FAILS Judge Orders Hearing On Sanctions Hunter v Hereford Ins. Co.
insurancelawyer
Aug 17, 2015
#3103
 
3102

Additional Insureds: "Acts And Omissions"

ADDITIONAL INSUREDS ARE COVERED WHEN INJURY IS CAUSED BY NAMED INSURED'S ACTIONS, EVEN IF NOT NEGLIGENT Burlington Ins. Co. v NYC Tr. Auth.
insurancelawyer
Aug 11, 2015
#3102
 
3101

Rogak's New York PIP Reporter

In today's ROGAK'S NEW YORK PIP REPORTER: https://groups.yahoo.com/neo/groups/NewYorkPIP/info When a master arbitrator vacates an award, is a de novo review
insurancelawyer
Jul 17, 2015
#3101
 
3100

Dog Liability

NO LIABILITY FOR DOGS IN THE ROAD THAT CAUSE ACCIDENTS Doerr v Goldsmith http://www.courts.state.ny.us/reporter/3dseries/2015/2015_04752.htm 2015 NY Slip Op
insurancelawyer
Jul 2, 2015
#3100
 
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