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”.
Hastings v Sauve We hold that the rule of Bard v Jahnke (6 NY3d 592 [2006]) does not bar a suit for negligence when a farm animal has been allowed to stray from the property where it is kept. Karen Hastings was injured when the van she was driving hit a cow on a public […]
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered December 6, 2011, which, to the extent appealed from as limited by the briefs, granted the branch of plaintiffs’ cross motion for summary judgment that sought reformation of an insurance policy with defendant Lancer Insurance Company, denied the branch of plaintiffs’ cross motion that […]
Nicolette Ferrieri by f/n/g Luigi Ferrieri vs Paul Sigler and Francine Sigler Note: This is a dog bite suit in which the Rogak firm represented the defendants. Plaintiffs sued defendants after defendant’s dog bit the 9 year old girl on her face. The plaintiff, Luigi Ferrieri, and his family were guests at the defendants’ Shelter […]
Caldwell v Cablevision Sys. Corp. At issue on this appeal is whether the testimony of a subpoenaed fact witness, who receives a fee alleged to be disproportionately in excess of CPLR 8001 (a)’s mandatory fee requirement for attendance at trial, is inadmissible as a matter of law. We conclude that such testimony is generally admissible, […]
Ferguson v Dollar Rent A Car, Inc. Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered February 28, 2012, which granted defendants Dollar Rent A Car, Inc. and Auto Rental, LLC’s motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs. Plaintiff alleges that she was wrongfully arrested and detained […]
Trezza v New York Cent. Mut. Fire Ins. Co. This is an action, declaring the plaintiffs’ right to coverage under a homeowner’s insurance policy issued by the defendant. The plaintiffs own and reside at the property located at 8 Greenbrier Avenue, Farmingville, New York. According to the plaintiffs, on February 1, 2012, two pipes beneath […]
Dugo v State Farm Mut. Auto. Ins. Co This litigation involves two separate law suits brought by plaintiffs for first-party no-fault benefits provided to defendant State Farm Mutual Automobile Insurance Company’s insured. In the first action (Index No.23900/02), plaintiff, J.R. Dugo, DC, PC, as assignee of Anthony Giambrone, sought payment of $9,600.00 for chiropractic services […]
Gauthier v Countryway Ins. Co. Plaintiffs commenced this action seeking to recover damages based upon defendant’s alleged breach of contract and bad faith in settling plaintiffs’ insurance claim for fire damage to their house. Following joinder of issue and discovery, defendant moved for partial summary judgment dismissing certain claims, including plaintiffs’ claim for consequential damages, […]
McLaurin Fields v First Liberty Ins. Corp. Mildred Collins was the owner of the property located at 21 Tilney Avenue in Medford, New York and had a homeowners policy of insurance with the defendant until her death on July 28, 2008. The homeowners policy was renewed and issued to the Estate of Mildred Collins effective […]
McLaurin Fields v First Liberty Ins. Corp. Mildred Collins was the owner of the property located at 21 Tilney Avenue in Medford, New York and had a homeowners policy of insurance with the defendant until her death on July 28, 2008. The homeowners policy was renewed and issued to the Estate of Mildred Collins effective […]
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