Medex Pharmacy v State Farm Mutual Automobile Insurance Company Edited by Lawrence N. Rogak ?The crucial issue in this PIP arbitration is whether a claimant must respond to an insurer’s request for verification, when the items requested are not in the claimant’s possession. The Applicant seeks $1,350.67 for a compound cream dispensed to the injured claimant. According […]
Value Care Pharmacy, Inc and Allstate Insurance Company AAA Case No. 17-17-1053-2955 (Eileen Casey, arbitrator) Award date: 02/28/2018 The issue in this PIP arbitration was: Whether Applicant is entitled to no-fault reimbursement for compound pain cream denied based on a peer review? The original amount claimed was $2,077.47 for compound pain cream provided on October […]
In the Matter of the Arbitration of Certain Controversies between TECHNOLOGY INSURANCE COMPANY against PROGRESSIVE MAX INSURANCE COMPANY Edited by Lawrence N. Rogak This action to vacate an intercompany arbitration award arose from a collision between a school bus and a private car. A passenger on the school bus was an employee of the bus […]
In the Matter of the Arbitration between Kingsway Orthopedic PC and Liberty Mutual Insurance Co. AAA Case No. 412009003445, AAA Assessment No. 17 991 04024 09 (Claim File No. LA2030097816970) (Laura A. Yantsos, Esq., arbitrator) Edited by Lawrence N. Rogak [Continuing] on the theme of whether HIPAA authorizations should be required in no-fault claims, this particular arbitration […]
Puzhayeva v City of New York Edited by Lawrence N. Rogak Plaintiff slipped and fell on an icy sidewalk below elevated subway tracks. She sued the City and the Transit Authority, alleging that water dripping from the tracks froze on the sidewalk. The Court granted summary judgment to the Transit Authority, holding that plaintiff had […]
Garcia v Government Empls. Ins. Co. Edited by Lawrence N. Rogak The issue in this case was whether the failure to pay the extra premium for an increase in the limits of an umbrella policy should result in cancellation of just the increased limit, or the entire policy. The Appellate Division holds that the non-payment […]
Scavetta v Wechsler Edited by Lawrence N. Rogak In this negligence case, defendant tied his dog’s leash to a bicycle rack on a Manhattan street, apparently unaware that the rack was not secured to the sidewalk. The dog began to run through the streets, dragging the rack behind him, and eventually […]
O’Brien v Port Auth. of N.Y. & N.J. Edited by Lawrence N. Rogak In this Labor Law case, a construction worker slipped and fell on a metal temporary staircase that was wet from the rain. The Court of Appeals held that the fact that a worker falls at a construction site, by itself, is not enough […]
Matter of 381 Search Warrants Directed to Facebook, Inc. Edited by Lawrence N. Rogak In a novel ruling affecting internet privacy, New York’s top court holds that Facebook cannot appeal a court’s search warrant in a criminal case—issued under the federal Stored Communications Act–which compelled Facebook to grant prosecutors complete access to certain users’ accounts. […]
Sherman v New York State Thruway Authority Edited by Lawrence N. Rogak Plaintiff slipped and fell on a patch of ice the morning after an ice storm, when the temperatures had risen above freezing but a light intermittent rain was falling. The Court of Appeals holds that the “storm in progress” rule is a complete […]
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