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”.
New York Court of Appeals Rejects Insurance Company’s Use of Limitations Period “That Renders Coverage Valueless” New York, NY— Rejecting what plaintiff’s counsel called a “heads we win, tails you lose” insurance company argument, the New York Court of Appeals has found that an insurance company cannot enforce a two-year suit limitation period on a […]
By Betty Flood and Katlin Nash Herzl Regins v. Hospitals Insurance Company Albany, N.Y.—New York State Court of Appeals Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera, and Abdus-Salaam decided the case of Herzl Ragins v. Hospitals Insurance Company in favor of the defendants. Plaintiff brought this action for breach of an insurance […]
Cellar Stairs Accessed by Sidewalk Trap Door are Not Covered by Building Code Bautista v 85th Columbus Corp. Defendants move (1) for summary judgment pursuant to CPLR 3212 dismissing the first cause of action of the complaint against all defendants, and (2) to dismiss the second cause of action for failure to state a cause […]
Back Seat Passenger Unties Driver’s Bikini Top, Causing Her to Lose Control; No Liability Per Emergency Doctrine Pelletier v Lahm After a defense verdict from a Rockland County jury, plaintiff moved to set aside the verdict, which was denied, and plaintiff appealed. The Appellate Division affirmed. The Supreme Court properly denied the plaintiff’s motion pursuant […]
DFS Announces Ban of Harbinger Capital’s Philip Falcone From Involvement in Operations of All New York- Licensed Insurers, Including Fidelity New York Fidelity New York Also Agrees to Put in Place Enhanced Policyholder Protections – Modeled on Those DFS Established at Other Insurance Firms Owned by Private Equity Companies NEW YORK, N.Y. – Benjamin M. […]
Homeowner’s Policy Provides No Coverage to Insured for Spouse’s Wrongful Death Claim Matter of Randall S. Courtney v Dryden Mut. Ins. Co. Plaintiff is the administrator of the estate of Randall Courtney. He commenced this action seeking a declaratory judgment that defendant is required to defend and indemnify him in an action that arises from […]
Albany, N.Y.—The New York State Court of Appeals heard the case brought by Antonio Hronich’s widow Gaudenzia Hronich against his former employer Con Edison Company of New York, Inc., Sedgwick Claims Management Service, Inc., and N.Y.S. Workers’ Compensation Board and the Special Disability Fund. Antonio Hronich, a long-time employee of Consolidated Edison, was diagnosed in […]
Promed Durable Equip., Inc. v GEICO Ins. Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered October 25, 2011. The order, insofar as appealed from, denied defendant’s cross motion for summary judgment dismissing the complaint and found, in effect, that plaintiff had established, […]
Seldon v Allstate Ins. Co. Order, Supreme Court, New York County (Debra A. James, J.), entered April l9, 2012, which denied defendants Allstate Insurance Company and Allstate Insurance Co., Inc.’s (Allstate) motion for summary judgment dismissing the third cause of action, unanimously reversed, on the law, without costs, and the motion granted. The third cause […]
ELANY vs. Waldorf & Assoc. In this action, the plaintiff Excess Line Association of New York (hereinafter “ELANY” or the “plaintiff ”) seeks an accounting of the defendants’ books and records and damages related to the defendants’ failure to report the placement of excess-line insurance policies and the defendants’ failure to pay premium taxes and […]
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