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”.
Bennett v State Farm Fire & Cas. Co. Edited by Lawrence N. Rogak Plaintiffs had a homeowner’s policy from State Farm. After an oil spill on their property, State Farm hired an engineer and a contractor to clean it up. Plaintiffs alleged that the contractors caused additional damage, and sued State Farm for negligence. State […]
Country-Wide Ins. Co. v Excelsior Ins. Co. Edited by Lawrence N. Rogak A truck driver was injured while unloading a trailer, when the trailer’s lift gate collapsed. The truck’s owner had a “Trucker’s Policy” from Country-Wide and a general liability policy from Excelsior which had an auto exclusion. Country-Wide defended the truck’s owner, settled the […]
Matter of Hickey v New York State Dept. of Motor Vehs. Edited by Lawrence N. Rogak Appealing the revocation of her driver’s license, plaintiff argued that although she refused a Breathalyzer test when police offered it at the hospital, she was in too much of an “altered state” to knowingly refuse. In addition, she argued […]
Estee Lauder Inc. v OneBeacon Ins. Group, LLC Edited by Lawrence N. Rogak In a brief decision with a minimum of details, the Court of Appeals holds that an insurance company’s disclaimer which did not cite late notice as a defense, did not automatically waive that defense, because late notice had been cited by the […]
American Home Assurance Co. v Sebo, Case number 2D11-4063 The Florida Supreme Court ruled on 12/01/2016 that insurance companies should not deny coverage for property damage just because it had more than one concurrent cause, as long as the policy covers one of the causes. John Sebo sued AHAC after it denied his claim for […]
Nationwide Mut. Ins. Co. v. Geico Cas. Edited by Lawrence N. Rogak In this property damage loss transfer arbitration, Geico contended that the amounts sought by Nationwide exceeded Geico’s policy limits. Despite this, the arbitrator made an award in excess of those limits. Nationwide moved to confirm the award, which was granted by District Court. The Appellate […]
Golden Earth Chiropractic & Acupuncture, PLLC v. Global Liberty Ins. Co. of N.Y. Edited by Lawrence N. Rogak This ruling in a No-Fault appeal stands for two propositions, one of which answers a novel question. First, an IME scheduling letter, the wording of which deviates from Regulation 68 by adding the word “proven” to the […]
Matter of Ean Holdings LLC v Joseph Edited by Lawrence N. Rogak While driving a rental car, claimant was struck by a chunk of concrete that fell off a dump truck, crashed through his windshield and took out his left eye. He filed for UM arbitration and Enterprise Rent-A-Car moved for a stay. The Court […]
In the matter of the Arbitration between Fawzy Salama PLLC and State Farm Mutual Automobile Insurance Company The issues in this arbitration are the Applicant’s unpaid bills for evaluations and electrodiagnostic testing, denied by the Respondent based on the Applicant’s failure to cooperate for an examination under oath. The Applicant brought this arbitration proceeding to […]
Matter of Geico Indem. Ins. Co. v Global Liberty Ins. Co. of NY 2016 NY Slip Op 50595(U) Decided on April 8, 2016 Appellate Term, Second Department Edited by Lawrence N. Rogak In an intercompany arbitration, Geico sought loss transfer from Global. Global argued late notice and submitted only its disclaimer letter, which the arbitrator […]
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