2006-2008Showing 73 to 96 of 144 items. Page: < 1 2 3 4 5 6 >
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In this personal injury action, plaintiff was in a two-vehicle collision that occurred on June 8, 2004. Plaintiffs moved for partial summary judgment on the issue of liability only. The motion was supported by an affidavit from plaintiff Cesar Molina, who averred that he was driving his vehicle on June 8, 2004, and had brought it to a complete stop on Route 303, due to a red traffic light, and so as to permit another vehicle to merge onto Route 303. Approximately fiveseconds after stopping, his vehicle was rear-ended by defendants vehicle. Based upon these circumstances, plaintiffs claimed they were entitled to judgment on the liability as a matter of law.
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Liberty Mutual appealed from a denial of its summary judgment motion in this DJ action in which it sought a judgment declaring that Liberty Mutual Insurance Company was not obligated to either defend and/or indemnify its insureds in the underlying personal injury entitled Kulbacki v. J & C Building Renovations, pending in the Supreme Court, New York County, under Index No. 124171/00.
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The plaintiff allegedly was injured while operating a pallet jack owned by his employer and repaired by the defendant. Approximately a month and a half before the plaintiffs accident, the plaintiff contacted the defendant to repair the pallet jacks malfunctioning brakes. The defendant repaired the brakes. A few days before the accident, the plaintiff again contacted the defendant to service the pallet jacks brakes. However, on the date of the accident, the plaintiff operated the pallet jack even though he was aware that its brakes had not yet been repaired. A Kings County jury returned a defense verdict, and plaintiff appealed. The Appellate Division affirmed.
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Eric Dinallo strikes me as a smart choice for N.Y. superintendent of insurance, one who may have Spitzer-like reform zeal but, having worked at Willis and been around the industry, comes to the post knowing that the insurance business is not simply a corrupt hodge-podge of unchecked greed. Nor are its people any better or worse than any other field " maybe a little better, if you look carefully.
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In an action to recover for damage to property, the defendants appealed from an order of the Supreme Court, Queens County (Weiss, J.),which granted the plaintiffs application for leave to serve a late notice of claim pursuant to General Municipal Law 50-e(5). The Appellate Division reversed.
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Plaintiffs, passengers in a Ryder rental truck being operated by defendant Fuller, were injured when the rental truck struck a concrete support beam. This negligence action ensued, with plaintiff Kelly settling during the course of trial. According to Fullers own deposition testimony, which was read to the jury at trial, Fuller panicked when another vehicle veered into her side of the road and made a U-turn. Fuller claimed that she swerved, thinking that the other vehicle was going to hit the truck, but then realized that she had misjudged the distance.
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Eric Dinallo strikes us as a smart choice for N.Y. superintendent of insurance, one who may have Spitzer-like reform zeal but, having worked at Willis and been around the industry, comes to the post knowing that the insurance business is not simply a corrupt hodge-podge of unchecked greed. Nor are its people any better or worse than any other field " maybe a little better, if you look carefully.
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When an employees job necessarily entails certain obvious and expected risks that are inherent in the nature of the job, he obviously cant sue his employer when he is injured on the job (that being barred by the Workers Compensation Law), but can he sue a third party? The answer is no.
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As we go to press, our wishes for a speedy recovery go to former Superintendent Greg Serio. Get well, Greg.
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For the past several years, there has been a dichotomy between the courts and the arbitrators concerning the question of whether an untimely denial precluded a no-fault insurer from arguing that the alleged injuries were not caused by a covered accident. Arbitrators follow the guidance of the New York State Insurance Department, which has taken the position that the defense does survive, but the courts have rejected the Insurance Departments position and have held that the defense does not survive.
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Jonathan Laul was allegedly a passenger in a motor vehicle owned by Crescencio Canela Company on October 11, 2000, the date of loss. On January 17, 2006 this action was commenced to recover $3,602 in unpaid medical bills. Plaintiff alleged that it rendered services to Laul on various dates in October, November, and December of 2000, and January and February of 2001, and that it timely submitted bills and claims to MVAIC, and those claims were neither timely paid nor denied.
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For several years, I have heard legislators, lobbyists, and regulators tell me that New Jersey auto insurance rates are dropping. I am sure every one of you has heard the same rhetoric. Well, according to the National Association of Insurance Commissioners (NAIC), all those smart folks are wrong. Private passenger auto rates did not go down, instead they went up.
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The IFNY Luncheon, held November 8 at Ciprianis, included some salient thoughts on insurers, insurance, and New York State from Partnership for New York president Kathryn Wylde. This dedicated woman campaigns for New York better than most politicians. She is coherent and clearly not self-serving. We excerpt:
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There has been so much written about the need for ethics and ethical behavior in organizations, and most people, when approached with the subject, show body language that says I know it " Id do it " dont talk to me about it.
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In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, claimant Boris Goldenberg appealed from an order of the Supreme Court, Richmond County (Cannizzaro, J.H.O.), which, after a hearing, granted the petition. The Appellate Division affirmed.
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Plaintiff tripped and fell on a small rock in defendants parking lot and sued for personal injuries. Defendant moved for summary judgment based on the open and obvious condition doctrine, and Supreme Court, Suffolk County, denied the motion. The Appellate Division reversed.
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In an action to recover damages for personal injuries, the plaintiff appealed from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), which granted the defendants motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law 5102(d). The Appellate Division reversed.
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The Insurance Federation of New York presented its prized Free Enterprise Award to Martin J. Sullivan, president and CEO of AIG, on November 8 at Ciprianis Wall Street. Cecilia Norat, president of IFNY, noted that 600 participants braved the intense rain to pay tribute to the latest captain of the industry to receive the award. Sullivan joins a list of whos who IFNY has honored: Henry Ford, Donald Trump, Felix Rohayton, Harry Helmsley, and many others. Chairman Roger Moak expressed to the attendees the value of IFNY, but was a little modest. In fact, it is the World Series of networking, and happily lacks that tiresome association-ness that boxes up so many NFPs in processes and misplaced passion.
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In a surprising decision, the Appellate Division has rewritten the common knowledge of UIM practice by ruling that there is no requirement that a UIM claimant prove that he has suffered a serious injury " even though the regulations say so.
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In this personal injury action, the infant plaintiff, a resident of New Jersey, and a student in the Fair Lawn Public Schools, was hurt while on an outing at defendant Happiness is Camping, Inc.s (HIC) campground in New Jersey. The Fair Lawn Board of Education arranged the school outing.
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Anthony Bonomo has that great quality that marks entrepreneurs: optimism. He also has that other quality that makes successful ones: focus. Last week, AJB Ventures, Inc. announced that it has completed its acquisition of Administrators for the Professions, Inc. (AFP) and the controlling interest in Professional Medical Administrators, L.L.C. (PMA), from FPIC Insurance Group, Inc. (FPIC). Under the purchase agreement, AJB Ventures paid approximately $40 million. Bonomo owns AJB " not too hard to figure out " and has made one dramatic move, eyes wide open.
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In an uninsured motorist subrogation suit, a Supreme Court judge has held that a schools traditional immunity from liability when using an independent contractor for bus services may lose that immunity if it knows that the bus company is subcontracting out the work, and the school does not take steps to ensure that the subcontractor is properly insured and licensed.
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Whew, made it home safely after airing the opinion that Mark Green may be the next superintendent of insurance in New York. Who told you? Are you serious? Steve, tell me the truth, are you lobbying for a moderate? Playing games? Drinking heavily?
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Plaintiff commenced this action to recover no-fault benefits for three MRIs of the brain, lumbosacral spine, and cervical spine. At trial, after the parties stipulated to the admission of documents to establish plaintiffs prima facie case, defendants expert medical witness, who had performed a peer review on defendants behalf, testified that the MRI services rendered to plaintiffs assignor were not medically necessary.
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Showing 73 to 96 of 144 items. Page: < 1 2 3 4 5 6 > |
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