Courtside by Larry Rogak brings to the fore cases and decisions of relevance to doing insurance business. Some of the results are, in a word, “unbelievable”.
Stracar Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co. Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered January 29, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff ’s cross motion for summary judgment. […]
The Brad Pitt film, Moneyball, portrays Billy Beane, baseball team manager of the Oakland A’s, struggling against accepted dogma in player selection. Beane’s insight was to use already available player data to pick athletes. This flew in the face of accepted conventional wisdom in the game. Talent scouts prided themselves on their “eye” for talent, […]
New York City Transit Authority v GEICO On December 23, 2013, petitioner filed its petition under Article 75 of the CPLR to vacate an award made by arbitrator Mavis Thomas on September 24, 2013. In its papers, petitioner argued that the award made by the arbitrator to respondent was improper because the arbitrator exceeded its […]
By agreement dated September 3, 2008, Strauss Painting, Inc. (Strauss)/Creative Finishes, Ltd. (Creative) contracted with the Metropolitan Opera Association, Inc. (the Met) to per- form work on the Met’s premises; specifically, to strip and repaint the rooftop steel carriage track for the opera house’s auto- mated window-washing equipment (here- after, generally referred to as the […]
Nesmith v Allstate Ins. Co. SMITH, J.: In Hiraldo v Allstate Ins. Co (5 NY3d 508 [2005]), we interpreted a so-called “noncumulation clause” contained in a series of successively- issued liability insurance policies. We held that a person suing for exposure to lead paint during the terms of all the policies could recover no more […]
Francis v New York Yankees Partnership Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered April 16, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied. Plaintiff allegedly sustained personal injuries when, to avoid a golf cart coming toward her in […]
Metropolitan Prop. & Cas. Ins. Co. v Braun Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered on or about May 8, 2013, which denied plaintiffs’ motion for a default judgment and granted defendants’ cross motion for an extension of time to interpose an answer, unanimously affirmed, without costs. The motion court providently exercised […]
Grace v Law (2014 NY Slip Op 07089) We are presented with an issue of first impression for this Court: What effect does a client’s failure to pursue an appeal in an underlying action have on his or her ability to maintain a legal mal- practice lawsuit? We hold that the failure to appeal bars […]
Plaintiff commenced this action seeking insurance coverage from Tower for the collapse of a retaining wall in its parking lot and water damage to the interior of its building as a result of a June 23, 2011 rainstorm. Tower claimed that the insurance policy does not provide coverage for these damages and disclaimed. This matter […]
[COURTSIDE] By Lawrence Rogak Unless Auto Policy Specifically Excludes Temporary Substitutes, They are Covered for Sum Mechanic Driving Customer’s Loaner Car Covered Under Customer’s Auto Policy Matter of State Farm Mut. Auto. Ins. Co. v O’Brien In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist […]
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