Loading ...
Sorry, an error occurred while loading the content.
 

RE: The Rogak Report: The Most Useful Publication In The Insurance Claims Industry Legislature Proposes Expansion of "Serious Injury" Threshold

Expand Messages
  • Moak, Julia
    The Military healthcare system (Tricare) says to go outside of the system with serious injury it has to be loss of life, limb or sight , now that is narrow
    Message 1 of 2 , Apr 29, 2010
      The Military healthcare system (Tricare) says to go outside of the system with serious injury it has to be “ loss of life, limb or sight”, now that is narrow serious injury.  Julia

       


      Well, Julia, the military has different priorities. New York's laws are written primarily for the benefit of lawyers. -- Larry Rogak

      From: TheRogakReport@yahoogroups.com [mailto:TheRogakReport@yahoogroups.com] On Behalf Of Lawrence
      Sent: Wednesday, April 28, 2010 4:34 PM
      To: TheRogakReport@yahoogroups.com
      Subject: The Rogak Report: The Most Useful Publication In The Insurance Claims Industry Legislature Proposes Expansion of "Serious Injury" Threshold

       

       

      New York's Assembly and Senate have each introduced proposed legislation that would expand the definition of "serious injury" (as currently defined in Insurance Law section 5102), and for all practical purposes eliminate summary judgment "threshold" motions.

      The Assembly bill expands the list of injuries legally considered "serious" by adding these four categories:

      1. a partial or complete tear or impingement of a nerve, tendon, ligament, muscle or cartilage
      2. injury to any part of the spinal column that results in injury to an intervertebral disc
      3. impingement of the spinal cord, spinal canal, nerve, tendon or muscle
      4. a surgical procedure to any injured part of the body

      A new Section 5102(a) basically says...  well, forget "basically," it literally says "Whether an injury qualifies as a serious injury...  shall be a question of fact."

      A question of fact.  That means no summary judgment motions can be granted, or at least, any judge who wants to avoid granting them gets carte blanche. 

      If passed, what would this mean?  Well, for one thing, it would mean the same thing to New York's personal injury lawyers (both plaintiff and defense) what the end of Prohibition meant to the beer manufacturers.  Happy days are here again!   Yes, ever since "Prohibition" began with Pommels v. Perez , the 2005 decision where the Court of Appeals severely tightened the definition of "serious injury" (and a herniated disc without a resulting disability no longer qualified), the throats of New York personal injury lawyers have been very dry.  The ambulance chasing business has all but dried up, leaving hordes of attorneys desperately scratching walls for mold and bits of ancient lead paint for nourishment.

      The new law, if passed, would be like a rainstorm in the desert.   Long-dormant seeds would burst into bloom.   Mud-lawyers, hibernating for years beneath the soil, would awaken as the life-giving waters of litigation stimulated their little hearts, and they would begin their chorus of croaking, as they began their instinctive search for clients with whom to mate.

      Yes, the proposed law would make the desert bloom.  And given the fact that New York has the most corrupt, self-serving Legislature this side of North Korea, I think chances are very good that the law will pass, because the Legislature is full of lawyers who do personal injury work in their practices.

      Stay tuned for further developments and rain dances.

      Larry Rogak

      A tip of the hat to Roy Mura's Coverage Counsel for bringing this to light.

       

        

       

       

       



      This communication is intended solely for use by the parties to the communication. The information presented provides general guidance and is not intended to be representative of coverage that may or may not exist in a particular situation and/or under a policy. Nothing in this communication shall modify, extend or alter the terms and conditions of a policy. In any conflict between the information presented and actual policy provisions, the policy provisions shall take precedence. Any insurance policy issued by Medmarc Insurance Group or any of its affiliates is subject to all terms, exclusions and conditions of such policies. Medmarc Insurance Group, its affiliated companies, officers, and employees shall not be held liable for any error, omission, decision made, or action taken by any other party in reliance upon this information.
      ______________________________
      Medmarc Mutual Insurance Company * Medmarc Casualty Insurance Company * Noetic Specialty Insurance Company * Hamilton Resources Corporation
    Your message has been successfully submitted and would be delivered to recipients shortly.