Showing 49 to 72 of 143 items. Page:
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ALBANY, N.Y., March 29 – The New York Supreme Court, Appellate Division ruled that insurance claims adjusters can be sued for negligent misrepresentation of policy coverage to homeowners under certain conditions.
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The New York State Liquidation Bureau (NYLB) must open its books to auditors, according to a recent Appellate decision stating that the bureau is a state agency that can be audited. The Appellate decision overturned a 2005 lower court ruling which favored then-Insurance Department Superintendent Greg Serio, claiming that the bureau did not have to open its books for an audit because it is a private entity.
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TRENTON, N.J., March 27 " AAA Mid-Atlantic Insurance Company of New Jersey received a qualified victory in the Superior Court of New Jersey Appellate Division on February 16. Although automobile insurers may find drivers involved in one-vehicle accidents that do not involve driver negligence are at-fault, the Department of Banking and Insurance must clearly define the term at-fault in the future.
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ALBANY, N.Y., March 26 – The New York State Court of Appeals, in a unanimous opinion, held that Nationwide Mutual Insurance Company erred in taking possession of electronic records of one of its agents whose Agents Agreement had been terminated.
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This appeal was taken from an order of the Civil Court, Kings County (Milagros A. Matos, J.). The order granted plaintiffs motion for summary judgment to the extent that statutory interest on theclaims shall be calculated pursuant to 11 NYCRR 65.15(h)(1). The Appellate Term reversed and remanded to the court below for a new calculation of interest in accordance with this decision.
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The Iyagehs commenced an action against the third-party defendants for damage caused to their property in May 2002. The third-party defendants settled with the Iyagehs. The Iyagehs then commenced this action against State Farm, their insurer, who denied their claim. State Farm in turn commenced the third-party action seeking indemnification and contribution. Third-Party defendants moved to dismiss the third-party action on the ground that the statute of limitations had run on this claim.
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ST. PAUL, Minn., March 7 – Insurers and trial lawyers are set for a showdown over legislation that is called good faith or bad faith legislation " depending on which side is giving the description. The bill would impose penalties on insurers who do not act in good faith while assessing claims.
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General Electric Company received a legal blow recently in its dispute with its excess coverage insurers over asbestos-related negligence cases.
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Plaintiff brought this action against its insurers seeking reimbursement for its attorneys fees and costs in an underlying action which had been commenced in the United States District Court for the Middle District of Florida. Supreme Court, Nassau County granted the plaintiffs motion for summary judgment, declaring that it was entitled to be reimbursed by the defendants in the principal sum of $104,370.74. The Appellate Division reversed.
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On November 13, 2003 plaintiffs were passengers on a bus owned by Penny Transportation and operated by Xavier Avery, when it collided with a motor vehicle owned by defendants Coney Island Transportation and 42 Transport, and operated by defendant Olawale Shonubi. Plaintiffs commenced the instant action to recover damages for injuries allegedly sustained as a result of the subject accident. Defendants moved for summary judgment dismissing the complaint.
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TRENTON, N.J., February 7 – The Municiple Excess Liability Joint Insurance Fund board capped at $25,000 any payouts that might arise from a civil union discrimination suit against officials who refuse to perform the ceremony as required by a new state law.
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ALBANY, N.Y., February 2 – By a vote of 5-0, the New York State Supreme Court, Appellate Division, Third Department, has upheld the Public Employees Federation (PEF) in its lawsuit against the state, which concerned Medicare Part B.
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Insurers have expressed disappointment in the January 11 ruling against State Farm in the United States District Court for the Southern District of Mississippi. The case, Broussard v. State Farm Fire and Casualty Company, concerned a Hurricane Katrina water vs. wind claim, and The National Association of Mutual Insurance Companies (NAMIC) has stated that Senior Judge L. T. Senter, Jr.s decision could ultimately mean higher rates for consumers.
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NEW YORK, N.Y., January 29 – MBIA Inc. and MBIA Insurance Corporation have concluded civil settlements with the Securities and Exchange Commission (SEC), the New York State Attorney Generals Office, and the New York State Insurance Department with respect to transactions entered into by MBIA in 1998 following defaults on insured bonds issued by the Allegheny Health, Education and Research Foundation (AHERF).
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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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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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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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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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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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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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Showing 49 to 72 of 143 items. Page:
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