No-Fault Insurer Found Entitled to Breakdown of What Hospital Services Constituted Necessary Emergency Health Services

NO-FAULT – NECESSARY EMERGENCY HEALTH SERVICES – STABILIZATION – INTOXICATION-CAUSED INJURIES St. Barnabas Hospital v. Government Employees ...

What Does It Mean To "Reside" for Insurance Purposes?

PROPERTY – RESIDENCY REQUIREMENT – CHANGE IN OCCUPANCY  – AGENT LIABILITY Harrison v. Allstate Indemnity Co. (Sup. Ct., Steuben Co., decided...

The Updated Should-You-Wish-to-Complain-About-Your-Insurance-Company Advisory Paragraph

I've blogged several times about the consumer advisory paragraph of  New York Insurance Regulation 64 ( 11 NYCRR Part 216 ).  Personal...

Falsus in Uno, Falsus in Omnibus

It has been said that someone who lies about little things will lie about big things.  Not may lie. Will lie.  True or not, many jurisdic...

Poults, Planes, Piling & Named Perils -- A Fowl Coverage Decision for Thanksgiving

COMMERCIAL PROPERTY – TURKEY FLOATER POLICY  – MALICIOUS MISCHIEF  Larson v. Fireman's Fund Insurance Company (Iowa Sup. Ct., decided 12...

Get Your Current 11 NYCRR Part 216 (NY Insurance Regulation 64) Here

Go on.  Find a copy of New York Insurance Regulation 64 (11 NYCRR Part 216) on the New York Department of Financial Services' website . ...

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. ...