Showing 1 to 24 of 143 items. Page:
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Response brought this DJ action seeking a declaration that it did not owe defendants a defense or indemnity in an underlying bodily injury lawsuit.
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In April 2006, plaintiffs Jamila Z. Wright and Claudette Jennings purchased a 2002 Lexus automobile for $28,000. The plaintiffs applied for insurance through defendant DCAP Bayside, Inc., an insurance broker, which alleged that it informed them that they had to obtain a photo inspection of the vehicle in order to have coverage for physical damage, including theft. The broker allegedly gave the plaintiffs a notice which read in relevant part: This notice will also serve as a reminder that the above described vehicle must be inspected by the date indicated or physical damage coverage will be suspended 12:01 a.m. on the above inspection completed date. If you need to have the photo inspection done please call CARCO at 1-800-969-2272.
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ALBANY, N.Y., December 11 – Revocation of a New York doctors medical license and the certificate of incorporation of a medical facility he owned on the basis of medical fraud was sustained by the Appellate Division, Third Department.
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ALBANY, N.Y., December 10 – The New York Appellate Division, Third Department, upheld the Department of Healths denial of a Colorado firm to provide durable material equipment for the New York State Medicaid program because there were no unmet needs for mail order durable medical supplies.
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ALBANY, N.Y., December 3 – The definition of total disability in a disability income insurance policy is not ambiguous, according to a decision by the New York Court of Appeals.
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On September 12, 2005, the Civil Court of the City of New York, Kings County, granted plaintiffs motion for summary judgment on default, awarding plaintiff $635 for first party no-fault insurance benefits. The judgment was filed and entered on September 16, 2005.
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ALBANY, N.Y., November 23 – The New York Court of Appeals, in a six to one decision, concluded that Travelers Property Casualty Insurance Companys failure to timely request verification of a patients assignment of benefits to the Hospital for Joint Diseases precludes Travelers from contesting the validity of the assignment.
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In this proceeding to stay uninsured motorist arbitration sought by Hoque against American Transit, the insurer sought to add American Independent Ins. Co. as an additional party respondent, over American Independents opposition on the grounds that it does no business in New York. American Transits motion was granted by Supreme Court, New York County. The First Department reversed.
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This action arose from a pedestrian knockdown that occurred while the plaintiff was vacationing in Florida. A motor vehicle driven and owned by an uninsured motorist struck the plaintiff while she was crossing a street in a crosswalk. As a result of the accident, the plaintiff sustained fractures of her left leg.
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ALBANY, N.Y., October 29 – The City of New York will be able to continue its action against Welsbach Electric Corp. for contractual and common-law indemnification and contribution for negligent maintenance and breach of contract, based on a unanimous decision by the New York State Court of Appeals.
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ALBANY, N.Y., October 24 – The New York Court of Appeals, in a unanimous decision, ruled that the Relation to Earnings to Insurance (REI) clause?within the General Provisions of a disability insurance policy?complies?with Insurance Law Section 3216.
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Can an illegal alien be denied no-fault benefits for refusing to provide his Social Security number when in fact he does not have one? The insurer in this case made that argument, and lost.
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ALBANY, N.Y., October 19 – The New York State Court of Appeals has upheld a decision of the Appellate Court that a claimant with a permanent partial disability in a workers compensation case is not entitled to an apportionment of attorneys fees based on future benefits.
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ALBANY, N.Y., October 19 – The New York Court of Appeals has ruled that New Yorks CPLR 205 (a) does not permit Reliance Insurance Company (RIC) to re-file an action originally brought by Reliance Insurance Company of New York (RNY) and dismissed for naming the wrong plaintiff.
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ALBANY, N.Y., October 15 – The New York State Court of Appeals, in a unanimous decision, has ruled that the New York Liquidation Bureaus is not a state agency, and therefore not subject to audit by the New York State comptroller.
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National Union Fire Insurance Company of Pittsburgh, Pa., a subsidiary of American International Group, must immediately pay defense expenses for which it was found liable in a previous decision, according to a ruling by Justice Helen E. Freedman of the New York State Supreme Court in Manhattan.
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Plaintiff, a pedestrian, was struck down by a motor vehicle owned and operated by non-party, Frederick Lamb, on February 23, 2005. Plaintiff testified that she exited the stationery store known as 50% Off Cards and was standing in front of the store when she was struck by the motor vehicle.
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In this action by a provider to recover first-party no-fault benefits for an August 17, 1999 psychological evaluation of its assignor, plaintiff moved for summary judgment. Defendant cross moved for summary judgment arguing that plaintiff was ineligible to receive reimbursement of no-fault benefits because plaintiff was fraudulently incorporated, relying on State Farm Mut. Auto. Ins. Co. v Mallela (4 NY3d 313 [2005]). Finding that the defense of improper incorporation was waived because defendant failed to assert the defense in its denial of claim form or in its answer, the Civil Court, Queens County (Dunbar, J) awarded plaintiff summary judgment. The Appellate Term reversed.
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In this subrogation action to recover insurance benefits paid to the plaintiffs insured, the plaintiff failed to comply with a so-ordered stipulation that contained a conditional order of preclusion which had required it to produce discovery responses by a certain date, and the Supreme Court, Queens County (Dorsa, J.), granted the defendants motion for summary judgment dismissing the complaint. The Appellate Division affirmed.
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The question presented on this appeal was whether a premium finance agency, which sought to cancel an assigned risk automobile insurance policy because of the insureds failure to make required payments under the premium finance agreement, had to advise the insured of a particular right of review in order for the cancellation to be effective. The Second Departments answer was no.
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This was an appeal from an order from Civil Court, Queens County (Gerald Dunbar, J.) which denied MVAICs motion for summary judgment. The Appellate Term reversed and dismissed the complaint.
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UNIONDALE, N.Y., September 5 – Alan Rutkin, a partner in the Great Neck-based law firm Rivkin Radlers Insurance & Coverage Litigation Practice Group, has launched a weblog that will focus on insurance law issues.
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ALBANY, N.Y., September 4 – The New York State Insurance Department (NYSID) has issued a citation to Allstate Insurance Company and its affiliates for failing to comply with a department circular letter regarding the practice of non-renewing homeowners insurance policies based upon whether or not the policyholder had other lines of business placed with the insurer (see related story on page 8).
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NU ONLINE NEWS SERVICE, August 29 – On the anniversary of Hurricane Katrinas 2005 arrival in New Orleans, attorneys in the city were marking the event by filing last minute lawsuits against insurers.
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