Taking Six Years to Sue Insurers is Time Barred The appellate courts of the state of New York are noted for their ability to resolve an appeal quickly and with brevity.The Supreme Court, the trial court, dismissed plaintiffs’ complaint against Allied World National Insurance Company as time-barred because plaintiffs commenced this action eight years after […]
Appeal Lost Due to Failure to Provide an Adequate Record In an action to recover damages for personal injuries, the defendant Myrtle 6, LLC, appealed from an order of the Supreme Court, Kings County (Lawrence S. Knipel, J.). The order, insofar as appealed from, denied those branches of the motion of the defendant Myrtle 6, […]
No Cause of Action for Libel, Slander or any Other Relevant Tort Career criminals are not the only people who perpetrate insurance fraud. The temptation has become so great that almost anyone who is given the opportunity, will try. Those who do not premeditate insurance fraud are called perpetrators of soft frauds. Most are small. […]
No Cause of Action for Libel, Slander or any Other Relevant Tort This is not a new case but it is important to everyone in the insurance business in California and any other state that has similar statutes. The principal issue raised is whether the insurer’s report to the Bureau of Fraudulent Claims (hereinafter Bureau) […]
No Insurance Policy Covers Every Risk of Loss In the world of business, corporations obtain commercial insurance to protect their assets, and commercial insurers customarily include exclusion provisions in their policies. Exclusion provisions dispel the notion that insurance coverage is without limits and place the insured on notice about actions or omissions that will trigger […]
Insurance Fraud is a Violent Crime Jatiek Smith (also known as “Tiek”) a member of the Bloods Gang was charged with one count of racketeering conspiracy, in violation of 18 U.S.C. § 1962(d), and one count of extortion conspiracy, in violation of 18 U.S.C. § 1951, arising out of allegations that Smith and his co-conspirators […]
Protective Safeguards Endorsement is a Condition Precedent Kinsale Insurance Company (“Kinsale”) sought declaratory relief against Sea Brook Harbor and Marine, et al (collectively “Seabrook”) arguing that Seabrook failed to comply with a condition precedent in the insurance policy it issued to Seabrook and that consequently there was no coverage for a fire occurring at Seabrook’s […]
Injured by an Aircraft Fuselage Arose Out of Ownership of Aircraft A woman was severely injured while moving an inoperable airplane. She now seeks to recover from her husband’s homeowner’s insurance policy. The insurance policy excludes injuries “arising out of” the ownership, maintenance, use, loading or unloading of an aircraft. The policy further defines “aircraft” […]
How to Put Fear of Insolvency Into a Defendant For more than fifty six years working in and about the insurance industry I For more than fifty six years working in and about the insurance industry I have personally seen the fear in the faces of corporate executives faced with a suit claiming wrongful conduct […]
Total Pollution Exclusions The Pollution exclusion often found in policies that are the subject of dispute provides: It is agreed that this policy does not apply to liability for personal injury or property damage arising out of the discharge, dispersal, release, escape, or seepage of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or […]
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