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”.
[COURTSIDE] By Lawrence Rogak Disclaimer Issued 24 Days After Notice of Suit is Timely; Carrier Needed To Investigate Guideone Ins. Co. v Darkei Noam Rabbinical Coll. In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendants Darkei Noam Rabbinical College, Darkei Noam, Inc., Keren Hachesed, and […]
The plaintiffs operate a farm on land leased from two brothers, Donald J. Keicher and Robert Keicher. On May 13, 2011, runoff from a heavy rainstorm allegedly caused manure that the plaintiffs had spread on their fields to contaminate several ponds on adjoining land. It is undisputed that Donald and Robert Keicher also own the […]
It is now legendary that when former President Bill Clinton testified before a grand jury in 1998, he rationalized his repeated statements that “there is nothing going on between us” [himself and Ms. Lewinsky] by telling the jurors, “It depends on what the meaning of the word ‘is’ is….” He went on to explain that […]
It is now legendary that when former President Bill Clinton testified before a grand jury in 1998, he rationalized his repeated statements that “there is nothing going on between us” [himself and Ms. Lewinsky] by telling the jurors, “It depends on what the meaning of the word ‘is’ is….” He went on to explain that […]
Wittorf v City of New York (2014 NY Slip Op 04037)
We are asked in this case if the City of New York was engaged in a proprietary function at the time of plaintiff ’s bicycle accident in order to determine if the jury properly evaluated the City’s actions under ordinary negligence principles.
Putative Class Action Challenges Use of “Shadow Insurance” By Matthew Gaul, Denton’s Anew putative class action suit filed in the Southern District of New York alleges that the use of so-called “shadow insurance” transactions violates New York Insurance Law Section 4226(a)(4), which prohibits insurers from making “any misleading representation, or any misrepresentation of the financial […]
Court Denies Default Motion in DJ Action Even Though Defendants Defaulted Interboro Ins. Co. v Rosetta Dawkins et al. Plaintiff INTERBORO INSURANCE COMPANY moves pursuant to CPLR 3215 for a default judgment against defendants MERIT ACUPUNCTURE, AVENUE C MEDICAL, P. C. PROFESSIONAL HEALTH IMAGING and TOTAL MOBILITY, P.C. (collectively, the “Provider Defendants ). Plaintiff purports […]
REVERSED: Executive Plaza v. Peerless Insurance Company In a far-reaching and historic decision, the highest court in New York State, answering a certified question posed by the United States Court of Appeals, has ruled that insurance companies cannot hide behind their policies’ two year contractual limitations period to deny policyholders the right to collect their […]
Court of Appeals Reverses K2 Decision ALBANY, NY—The New York Court of Appeals reversed its decision in the case of K2 Investment Group v. American Guarantee & Liability Insurance Company. This new decision upholds the important principle that an insurance policyholder is entitled to all coverage purchased as part of a policy but no additional […]
On Dissent By Casey O’Brien, Cuyler News ALBANY, N.Y.—Insurance cases are being brought to the forefront at the New York Court of Appeals, ranging from a three million dollar malpractice case to personal injury cases, with three out of five including a dissent. It happens coincidentally that there are five insurances cases at once, one […]
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