Showing 97 to 120 of 144 items. Page:
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Unlike most states, New Yorks definition of insurer bad faith is very specific and sets a relatively high bar for claimants. There are two different sets of standards: one for liability claims, and one for first party claims. This case involved first party claims.
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Speculation over the kind of government Eliot Spitzer would operate and its specific impact on the insurance industry is running high at the top levels of the insurance business, especially now that Tom Suozzis bid for the top spot on the Democratic ticket has not materialized. Many in the industry had supported Suozzi, but the speculation about Spitzers Sheriff of Wall Street image " perhaps Sheriff of Pine Street is more accurate " has many lobbyists in the industry stirring up their clients worries, and has many CEOs in town wondering what kind of shake-up may be in store for insurers in New York.
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In this action for a declaratory judgment, the plaintiff appealed from an order of the Supreme Court, Nassau County (Parga, J.), which denied his motion for summary judgment declaring that he was not obligated to reimburse the Village of Lake Success for the money paid to him pursuant to General Municipal Law 207-c, and granted the cross motion of the village for summary judgment.
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General Assurance appealed from an order of the Civil Court, New York County (Peter H. Moulton, J.), which granted summary judgment in favor of plaintiff Response Medical Equipment and denied its cross motion which sought to dismiss plaintiffs counsels independent cause of action for attorneys fees.
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Its always a pleasure talking to New Jersey brokers and agents. Not only are the conversations fun, but these phone calls are also educational. Ive received permission to use all of the following questions and answers.
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I cant tell you how many coaching conversations I have had with super-achievers who think that working through their lunches and eating at their desks routinely is the way they will get ahead. I challenge them to think again.
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Defendant Motor Vehicle Accident Indemnification Corporation (MVAIC) moved for an order granting summary judgment.
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This is an action for negligent exposure to toxic fumes to which plaintiffs were exposed while defendant was painting. Defendant moved for summary judgment on the ground that because plaintiffs injuries were pre-existing, plaintiffs cannot establish the element of causation.
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The novel issue to be determined herein, ruled this court, is whether secondhand smoke emanating
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Invincible Vincent Vitkowsky has taken the reins of the International Insurance Law Societys U.S. Chapter and is setting the groups first get together for November 3 in New York City. The program covers intellectually challenging topics " rare at conferences these days, where entertainment and cheerleading often masquerade as substance. Topics range from solvency and regulatory questions to trends underlying the whole profession. We will have more on this shortly in this column.
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Allstate appealed from an order of the Civil Court, Bronx County (Larry S. Schachner, J.), which, after a nonjury trial, granted plaintiffs motion to preclude defendants expert testimony and awarded judgment in favor of plaintiff.
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This action arose out of a motor vehicle accident which occurred on August 26, 2003, wherein plaintiffs decedent, James E. Russo, 17 years of age, was the operator of a motor vehicle owned by his father, Plaintiff Eugene O. Russo, and insured by defendant Royal & Sun Alliance, under a standard automobile insurance policy issued in and under the Laws of the State of New York. Plaintiffs decedentexpired on September 9, 2003, after being hospitalized in a coma at Nassau University Medical Center, as a result of complications of blunt force head trauma with fractures of the skull and epidural hemorrhage.
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The plaintiff, Evangelos Car Wash, Inc., is located at 2302 Arthur Kill Road, Staten Island, New York. On April 27, 2002, there was a collision between a motorcycle and a truck in front of 2286 Arthur Kill Road, about 200 feet from the car wash. A witness told the car wash owner, Konstantinos Siozios, that the motorcyclist hit the truck when he went into the opposite lane of traffic in an attempt to pass a slow moving vehicle. In May 2003, the motorcyclist, Andrew Reyes, commenced an action against the car wash. The complaint alleged that Reyes slid because the street was wet in front of the car wash.
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For the first time, the Appellate Term has resolved an issue on which the trial courts have differed: whether a fraudulently incorporated medical clinic may collect benefits for services rendered prior to the enactment of the new no-fault regulations (which took effect April 5, 2002. The answer is no.
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At a non-jury trial held on November 4, 2005, the issue before the court was whether plaintiffs claim for no-fault benefits should be denied as untimely, since it was filed beyond the 90-day period which was the applicable time under the old regs.
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At issue in this no-fault case was the medical necessity of two MRIs. The courts decision is summarized as follows:
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Douglas Hayden was feted Wednesday, May 17, in downtown Manhattan by colleagues and friends as sad to see him jump from NYSIF as they were happy to see him land in WRM. He announced his resignation as general attorney/chief legal officer of The New York State Insurance Fund, and accepted a position as vice president, Corporate Development, Wright Risk Management, which runs insurance companies and public, private, and non-profit insurance organizations. Douglas will also become a partner at the Long Island law firm of Congdon, Flaherty, OCallaghan, Reid, Donlon, Travis & Fishlinger.
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In this no-fault benefits suit, State Farm denied plaintiffs claims on the basis that the alleged injuries do not arise out of an insured incident. At the start of the trial, the parties stipulated to plaintiffs prima facie case and defendants denial based on the ground of lack of coverage due to no true accident. Defendant State Farm presented one witness, State Farm Special Investigative Unit (SIU) investigator Don Willsey. Plaintiff did not present any witnesses.
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Up until very recently, Come See For Yourself was the official New Jersey state slogan. As it turns out, West Virginia had recycled that very same motto a few years back. Just a few weeks ago, that was discovered and the slogan was nixed by our Garden State authorities.
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Breaking with the First Department, the Second Department has held that an insurance company that claims it never issued a policy to an allegedly uninsured motorist only has to do a diligent search of its records and does not have to produce the motorist as a witness.
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Our capital city of Trenton is a marvelous place for coincidence. It wasnt too long ago that we saw our New Jersey Banking & Insurance Commissioner posing with a green gecko, Warren Buffett, and other top dogs from GEICO. Recently, that same commissioner, Holly Bakke, was hired by GEICOs main man, Warren Buffett.
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Plaintiff alleged that from 1993 to date, ongoing water leaks in her apartment, which defendants failed to resolve, continuously exposed her to toxic mold, fungi and other environmental conditions that have caused her to suffer respiratory, immunological and neurological problems for approximately five years prior to 2001. However, it was not until 2001, when repairs on a defective boiler in the building exacerbated the leakage problems and for the first time caused the odor of mildew and the appearance of black mold on the interior walls of her apartment, that plaintiff became aware of the presence of these conditions and hired a registered environmental assessor and air quality consultant to inspect her apartment.
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State Farm moved to confirm an arbitrators award dated January 7, 2006 concerning the supplementary uninsured motorist endorsement of its policy. There had been a prior motion to vacate the arbitrators decision dated March 2, 2005 awarding $17,000 to respondent. Petitioner argued that at the arbitration hearing, it learned for the first time there was another entity involved in the motor vehicle accident and that that entity settled with the respondent for $25,000.
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Plaintiff medical provider sought to vacate a no-fault master arbitration award pursuant to CPLR 7511. Respondent insurer submitted a reply to petition but the respondent was not present at oral argument therefore the reply was not considered and the decision was rendered on default.
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