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”.
Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P.C., 2020 NY Slip Op 01466 (Appellate Division, First Department) υIn New York PIP arbitration, arbitrators are given fairly wide latitude, and as a general rule, mere mistakes of law or fact in an arbitrator’s decision are not reversible by the courts. In 2011, the […]
Topiel v Caremount Med., P.C., 2020 NY Slip Op 50151(U) (Appellate Term, Second Department 2020) Your doctor takes your blood for testing. When the results come back he tells you to go to an Emergency Room because you have a potentially fatal condition. But it turns out the blood test result was wrong. Is the doctor […]
New York Times v City of New York Office of the Mayor, 2020 NY Slip Op 50035(U) (Supreme Court, N.Y. County, 01/15/2020) Ruling against Mayor DiBlasio in his attempt to keep secret the findings of an ethics panel that looked into his fundraising, the New York State Supreme Court ruled that the Mayor must turn over […]
Matter of Geico v Escoto and Farm Bureau Ins. Co., 2019 NYSlip Op 09265 (App Div. 2d Dept 2019) υThis was an appeal from an order of NY Supreme Court which stayed a UM arbitration and added a North Carolina resident and his auto insurer to the action for a framed issue hearing. On December 28, […]
In New York PIP practice, health care providers are paid according to the Workers Compensation Fee Schedule. But not all kinds of treatment are covered by the Fee Schedule; one of those is acupuncture treatment performed by a licensed acupuncturist. The Fee Schedule has acupuncture rates for physicians and chiropractors (with the chiro rate being […]
Xiang Fu He v Troon Mgt., Inc. 2019 NY Slip Op 07643 New York’s Court of Appeals reversed the Appellate Division and held that in New York City, out-of-possession landlords cannot avoid liability to persons injured on snowy or icy sidewalks by delegating responsibility to a tenant or snow removal company. Section 7-210 of the […]
U.S. District Court, D. Colorado, 2018 WL 4635972 (Notice of Appeal filed) This lawsuit arises out of a collision between an ordinary passenger car and a Hertz rental car. The Hertz car was being operated by a person with a revoked license, who had borrowed it from the named renter. The renter had declined […]
Nadkos, Inc. v Preferred Contrs. Ins. Co. Risk Retention Group LLC The Court of Appeals holds that a foreign Risk Retention Group’s failure to timely disclaim coverage is not an “unfair business practice,” while its failure to timely disclose the details of its coverage, is. The Federal Risk Retention Group Act of 1986 pre-empts State […]
In this personal injury suit, plaintiff slipped on ice a few steps away from the entrance to a subway station. She sued the Transit Authority and an adjacent delicatessen. Both defendants moved for summary judgment based on the “storm in progress” rule as it was snowing at the time of the accident. Supreme Court denied […]
Non-Party Witness Pleading the Fifth May Be Used Against PC in Civil Trial Andrew Carothers, M.D., P.C. v Progressive Insurance Co. In this appeal from a jury verdict holding that a physician’s professional corporation was controlled by non-physicians, the Court of Appeals holds that (1) a finding that non-physicians were the real controllers of the […]
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