Can You Find The The Mistake?

HOMEOWNERS  – INTENTIONAL ACT  – CRIMINAL ASSAULT  – DUTY TO DEFEND  – DUTY TO INDEMNIFY State Farm Fire & Cas. Co. v. Gloria (Sup. Ct.,...

Summary Judgment Granted to Commercial Property Insurer on New York General Business Law § 349 Deceptive Acts and Practices Claim

COMMERCIAL PROPERTY – WATER DAMAGE – BROADENED WATER-DIRECT DAMAGE COVERAGE EXTENSION  – ENGINEERING EXPERT  – GENERAL BUSINESS LAW § 349  D...

Multiple Claimants But Limited Coverage: Chronological Priority or Pro Rata Payments?

One of our auto insurer clients called me this morning with a question.  Does New York follow the "first in time, first in right" ...

Declaratory Judgment Granted on Default Serves as Res Judicata of Previously Commenced Provider Recovery Claim

NO-FAULT  – DECLARATORY JUDGMENT  – DEFAULT  JUDGMENT  –  RES JUDICATA Daily Med. Equip. Distrib. Ctr., Inc. v. American Tr. Ins. Co. (App. ...

"Not It" Affidavit Sufficient to Merit Summary Judgment on Lack of Coverage Defense

NO-FAULT  – LACK OF COVERAGE DEFENSE New Way Med. Supply Corp. v. Dollar Rent A Car (App. Term, 2nd Dept., decided 12/8/2015) In support of ...

'Twas The Risky Night Before Christmas -- How an Insurance Professional Reads the Classic (Reprised)

[Those of you who have been reading this blog for at least the past five years will recognize this.  Reprised for our more recent and curren...

86-Day Delayed Notice of an Approximately $200,000 Claimed Theft Loss Found Inexcusable as a Matter of Law

PROPERTY  – RENTERS POLICY  –  PERSONAL ARTICLES POLICY  – THEFT  – LATE NOTICE   – LATE NOTICE EXCUSES  –  PREJUDICE Minasian v. IDS Prop. ...

Provider's Fee Splitting With Billing Company Does Not Constitute a Defense to Provider's No-Fault Claim for Payment

NO-FAULT – PROVIDER FEE SPLITTING WITH BILLING COMPANY  – SPECIAL PROCEEDING TO VACATE MASTER ARBITRATION AWARD  – LICENSING REQUIREMENTS   ...

Primary vs. Umbrella -- No Duty, No Standing, No Suit

PERSONAL AUTO  – PRIMARY POLICY  – UMBRELLA POLICY  – STANDING   – EQUITABLE SUBROGATION  – VOLUNTARY PAYMENT Government Employees Ins. Co. ...

Replacement Cost Coverage Denied to Insured Who Did Not Replace the Dwelling Within Two Years or Show That His Actual Repair/Replacement Costs Exceeded the Insurer's ACV Payment

PROPERTY  – HOMEOWNERS – TWO-YEAR REPAIR/REPLACEMENT DEADLINE  – REPLACEMENT COST COVERAGE   Mateyunas v. Cambridge Mut. Fire Ins. Co. (Sup....

9 Assignees + 6 MVAs + 2 Defenses = 9 Separate Actions -- Severance Granted

NO-FAULT  – MOTION TO SEVER – MEDICAL NECESSITY & FEE SCHEDULE DEFENSES    Austin Diagnostic Med., P.C. v Mercury Cas. Co. (App. Term, 2...

No-Fault Insurer Establishes EUO No-Show Defense on Summary Judgment Motion

NO-FAULT  – SUMMARY JUDGMENT SHOWING OF EUO NO-SHOW DEFENSE  – DISCOVERY ON REASONABLE OF EUO REQUESTS    Palafox PT, P.C. v State Farm Mut....

Not UM and SOL

UM – MEANING OF "UNINSURED" – STATUTE OF LIMITATIONS    Matter of American Transit Ins. Co. v. Rosario (1st Dept., decided 11/17/2...

Form Over Substance Does Matter -- Having Not Asserted Collateral Estoppel as an Affirmative Defense, No-Fault Insurer Is Denied Dismissal of Provider's Recovery Action

NO-FAULT – COLLATERAL ESTOPPEL – MALLELA DEFENSE   Downtown Acupuncture PC v. State Wide Ins. Co. (NYC Civ. Ct., Kings Co., decided 10/22/2...

Denial of Personal Auto Liability Coverage Based on Bodily Injury to Resident Relative of Insured Exclusion Upheld

PERSONAL AUTO – BODILY INJURY TO RESIDENT RELATIVE OF INSURED EXCLUSION – UNBORN CHILD   Harrell v. State Farm Ins. Co. (3rd Dept., decided ...

Bodily Injury Recovery from Non-Motor Vehicle Defendant Reduces SUM Coverage Recovery

SUM – OFFSET FOR BODILY INJURY RECOVERY – NON-DUPLICATION CONDITION  – MAXIMUM SUM PAYMENT  Redeye v. Progressive Ins. Co. (4th Dept., decid...

I'm Legal, So to Speak

Twenty-one years ago today I unlocked the door of a single room on the 21st floor of the Rand Building and began the (ad)venture that has be...

Defending the Insured's Default Without Disclaiming Dooms the Declaratory Judgment Action

COMMERCIAL LIABILITY – LATE NOTICE – PREJUDICE  – UNTIMELY DISCLAIMER Montpelier US Ins. Co. v. 240 Mt. Hope Realty Co. (SDNY, decided 10/22...