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”.
Burniston v Ranric Enters. Corp. The “Storm In Progress” rule holds that a property owner may not be liable for a slip and fall accident when rain, snow or ice is falling at the time of the accident, or that not enough time elapsed between the end of the storm and the accident in order […]
Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered August 12, 2010. The order denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion for summary judgment. ORDERED that the order is reversed, with $30 costs, defendant’s motion for […]
Surgicare Surgical Assoc. v National Interstate Ins. Co. Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx county (Anthony Cannataro, J.), entered November 17, 2014, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211. Order (Anthony Cannataro, J.), entered November 17, 2014, affirmed, with $10 […]
Country-Wide Ins. Co. v Blenman Plaintiff, Country-Wide Insurance Company, brings this action for a declaration that Plaintiff is not obligated to pay claims for no- fault benefits submitted to Plaintiff in connection with an alleged motor vehicle accident in which defendant, !genie F. Blenman, allegedly sustained personal injuries. The Accident took place on May 1, […]
Viviane Etienne Med. Care v Country-Wide Ins. Co. Note: The Court of Appeals here upholds the Viviane Etienne v Countrywide decision from the Appellate Division, which held in effect that a third-party billing company could establish a prima facie case despite the fact that the biller had no personal knowledge of the facts of the […]
The United States District Court in Nevada issued an Order on June 1, 2015 dismissing the complaint filed by alleged victims of a data security breach suffered by Amazon.com d/b/a Zappos.com (Zappos) on the ground that the victims lacked standing to sue because they could not identify any specific harm that they had sustained as […]
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), dated October 3, 2013. The judgment granted the motion and cross motion of defendants Kemper Independence Insurance Company and Farm and Family Casualty Insurance Co., respectively, for summary judgment dismissing the complaint against those defendants. It is […]
Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz,J.), entered November 28, 2012. The order denied defendant’s motion to dis- miss the complaint pursuant to CPLR 3216. ORDERED that the order is reversed, with $30 costs, and defendant’s motion to dismiss the complaint pursuant to […]
Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered January 29, 2013. The order granted defen- dant’s motion for summary judg- ment dismissing the complaint and denied plaintiff ’s cross motion for summary judgment. ORDERED that the order is affirmed, with $25 costs. In […]
New Millennium Med. Imaging, P.C. v M.V.A.I.C. Plaintiff, a radiology center, commenced this action to recover the sum of $2,659.81 and $912.00 for imaging services it provided to its assignor Yao He Wang. Defendant MVAIC requests that the Court dismiss the claim based upon the assignor’s ineligibility for MVAIC benefits under Article 52 of the […]
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