Showing 97 to 120 of 143 items.
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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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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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In reaching a decision in the first Hurricane Katrina wind vs. water court case, Judge L.T. Senter of the Federal Court for the Southern District of Mississippi ruled in Leonard v. Nationwide Mutual Insurance Company that the vast majority of damage to the Leonards home was caused by water, and thus excluded from the homeowners policy issued by Nationwide. The decision also recognizes losses from storm surge flooding as water damage that is excluded from the policy.
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NU ONLINE NEWS SERVICE, August 24 – Marsh insurance brokerage will be allowed to accept contingent commissions for its managing general agency business under an agreement reached with New Yorks attorney general and superintendent of insurance.
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TRENTON, N.J., August 23 – Twenty hospitals in New Jersey have sued Horizon Blue Cross/Blue Shield of New Jersey alleging breach of contract and seeking $50 million compensation.
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ALBANY, N.Y., August 15 – GlaxoSmithKline (GSK), a leading pharmaceutical company, has settled a suit alleging illegal pricing schemes for cancer patients and yielding millions for government health plans and consumers.
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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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SAINT PAUL, Minn., August 1 – The St. Paul Travelers Companies, Inc. will pay $77 million as a result of their settlement with the attorneys general of three states in order to resolve issues related to charges of bid rigging, contract steering, and non-traditional insurance products, according to the company.
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If you look up the word tort in the dictionary, youll find injury and damage. If you read further, to the derivation of the word, youll learn that it comes from a Latin word meaning twist. And if you pay attention to the news, you know that the tort system in the U.S. is, indeed, twisted " hugely costly, both directly and indirectly; seemingly arbitrary at times; susceptible to fraud. And it is not a problem only for the insurance industry.
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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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CHICAGO, Ill., May 22 – The Property Casualty Insurers Association of America (PCI) has filed suit challenging the transfer of money, by the Illinois state government, from the Motor Vehicle Theft Prevention Trust Fund to the state general revenue fund and other state funds.
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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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TRENTON, N.J., May 18 – The New Jersey State Supreme Court ruled that an illegal alien can collect from the states Unsatisfied Claim and Judgment Fund because he is a resident.
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NEW YORK, N.Y., May 17 – The United States District Court for the Southern District of New York held on May 10 that ABM Industries Inc., a firm that provided engineering and janitorial services to the World Trade Center prior to 9/11, was entitled to a period of restoration equal to the time it would take to rebuild the WTC on its loss of income insurance claim arising from the attacks of September 11, 2001 (Zurich American Insurance Co. v. ABM Industries, Inc., No. 01 Civ. 11200 (JSR)).
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The insurance industry should be seeing amber, if not red, if two recent and decisive rulings of the New Jersey Supreme Court are any indication of what might lie ahead regarding issues important to the industry. In one case, the court clearly legislated from the bench in order to determine the standard of proof required under an insurance fraud related statute. In the other, the courts result effectively rewrote the insurance contract between the parties and has negative implications with respect to the rights of insurance companies to require insureds to adhere to specific late notice provisions in the future, in the absence of prejudice.
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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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ALBANY, N.Y., May 1 – ACE Limited and its United States subsidiaries have agreed to pay $80 million in restitution and penalties under an agreement reached with New York State Attorney General Elliot Spitzer and New York State Insurance Department Superintendent Howard Mills.
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In a case before the Supreme Court, an insured sued her insurer under her homeowners policy to recover for subsidence damage caused by a plumbing leak. The court granted summary judgment for the insurer, holding that the insurers reasons for denying the claim fell within the exclusions listed in the policy. The insured appealed.
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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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