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”.
Royal Housing LLC v Allegany Co-op Ins. Co. Do the lower courts (such as City Court, in this instance) have jurisdiction to hear suits for insurance benefits where the defense is an exclusion? Yes, holds the City Court of Jamestown in this case. Allegany Co-op Insurance Company moved for an order dismissing plaintiff ’s complaint […]
Does “additional coverage” — insurance over and above the statutory minimum — purchased by someone who rents a car, extend to other drivers not authorized by the rental agreement? This court holds “no.” In this action, plaintiff Clarence Crummell (“Plaintiff”) seeks to recover for personal injuries allegedly sustained in a motor vehicle accident on June […]
The plaintiffs alleged that their home and its contents were damaged as a result of a rainstorm. They filed a claim under a homeowners insurance policy issued by the defendant, Graphic Arts Mutual Insurance Company. Graphic Arts informed the plaintiffs that the damage to their home was covered under the policy. However, it disclaimed coverage […]
The Court of Appeals holds here that “front end loaders” come within the same section of the Industrial Code which prescribes safety measures which must be used with “backhoes” and “power shovels,” even though front end loaders are not specifically mentioned. As a result, a plaintiff who was injured when a pipe fell from a […]
Defendant Allstate Insurance Company moved for summary judgment under CLPR 3212. Plaintiffs Luis Rodriguez and Rafael Jiminez subsequently moved to preclude defendant from testifying at trial and to strike its complaint, or in the alternative, for an order scheduling depositions with preclusionary language. Plaintiff Rodriguez was the holder of an automobile insurance policy with defendant. […]
The Court’s duty is not “ministerial.” If subject matter jurisdiction is lacking, the Court should “refuse to proceed further and [should] dismiss the action.” This court decision involves a fact pattern that is not often litigated: it is a PIP and UM subro suit against a non-covered person — that status applying because the defendant […]
This was a petition by American Country Insurance Company for an order vacating an arbitration award against it on the basis that the arbitrator “exceeded her authority, it was rendered in violation of and the decision is utterly arbitrary.” Neither MVAIC nor AAA opposed this motion and the Court decided it on default. “American Country […]
Just when you thought you’d probably heard it all, the plaintiff in this lawsuit — an attorney — alleged, among other things, that during a phone call with defendant funeral home over foul-ups during his mother’s funeral, he got so upset that he jumped up out of his chair and thereby injured his back so […]
If an insured does not receive lawsuit papers timely because it failed to advise the Secretary of State of its change of address, does that excuse late notice of the suit to its insurer? No, says the Appellate Division, reversing Supreme Court, New York County (Milton A. Tingling, J.). “The subject insurance policy’s notice of […]
On January 31, 2007, Plaintiffs home in Pelham, New York (the “Dwelling”) was substantially damaged by fire. At that time, Plaintiffs were insured by Defendant under a Deluxe Homeowner’s Policy. Due to the damage caused by the fire, the Plaintiffs could no longer reside in the Dwelling and rented another residence. They also apparently put […]
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