* * * SPECIAL ALERT * * * This afternoon the Superior Court of the District of Columbia granted summary judgment to Erie Insurance Exchange,...
August 06, 2020
Another 30 Days in the Toll -- Executive Order No. 202.55 Continues COVID-19 Tolling of Procedural Time Limits Through September 4, 2020
I went to bed last night and woke up before 6:00 this morning hitting F5 on my browser and thinking that today would be the day. The day Ne...
When the Insured's Shoes Are Bigger Than the Tortfeasor's Shoes
AUTO – SUM COVERAGE – TRIGGER Gross v. Travelers Ins. (4th Dept., 7/24/2020) Gross had an auto policy with Travelers that was written to af...
New York County Supreme Court Grants Insurer's CPLR 3211(A)(1) Motion to Dismiss Plaintiff's Complaint Based on Insured's Failure to Submit Timely Proof of Loss
PROPERTY – BURST WATER PIPE-CAUSED WATER LOSS – PROOF OF LOSS REQUEST – MOTION TO DISMISS Stein v. National General Ins. Co. (Sup. Ct., NY...
The Unopposed Loss -- Court Denies Declaratory Judgment to No-Fault Insurer Based Solely on Default of Non-Answering Defendants
NO-FAULT – HIT-AND-RUN – AFFIRMATIVE ACTION – DEFAULT JUDGMENT – DECLARATORY JUDGMENT – INJUNCTIVE RELIEF Ameriprise Ins. Co. v. Kim (2n...
August 03, 2020
Mute the Barking, Playing, Sirening, Shuffling, Pinging, Drinking and Breathing Sounds, Please
ORDER TO SHOW CAUSE – TELECONFERENCE IN LIEU OF IN-PERSON HEARING GUIDELINES Travelers Cas. & Sur. Co. of Amer. v. Omni Contracting Co.,...
Tuesday, July 28, 2020
Auto
CPLR 3211(a)(1)
Declaratory Judgment
Motion to Dismiss
Non-Owned Auto
Non-Owned Car
Temporary Substitute Auto
Temporary Substitute Car
No, You May Not Be Excused... Court Denies Insurer's 3211(a)(1)-Based Pre-Answer Motion to Dismiss Declaratory Judgment Action
PERSONAL AUTO – TEMPORARY SUBSTITUTE AUTO – NON-OWNED AUTO – DECLARATORY JUDGMENT ACTION – MOTION TO DISMISS Bonavita v. Government Empl...
Monday, July 20, 2020
Application Misrepresentation
EUO No-Show Defense
Faulty Workmanship
Fraud
Fraudulent Incorporation
Intentional Act
Mallela
No-Fault
Proof of Loss
Property
Rescission
Staged Incident
NYSSIU Legal Update 2019-2020 Edition
LEGAL UPDATE I have been privileged since incorporating the New York State Chapter of Special Investigation Units (NYSSIU) in 1997 to serv...
$7,332.02 a Day -- Bench-Trying a First-Party Property Coverage Dispute
Ever wonder how the non-jury trial of a first-party property coverage dispute plays out in court? Wonder no more. Christine Wagner's si...
July 20, 2020
LinkedIn Poll Results on Disclosing Adjuster and Engineer Reports
On July 8th I blogged about this question: Is a New York Property Insurer Obligated to Disclose Copies of Its Adjuster and Expert Reports Pr...
Is a New York Property Insurer Obligated to Disclose Copies of Its Adjuster and Expert Reports Prior to Litigation?
Client's Question: Are we required to provide a copy of our expert’s report to an insured when we send formal denial or after if they re...
Monday, July 6, 2020
COVID-19
When Did the New York Courts Reopen?
A client asked me today when the New York courts “reopened” from their COVID-19 shutdown. After speaking with that client I determined he wa...
For Whom the New York Prescribed Procedural Limitations Period Tolls -- New York Executive Order 202.48
Just shy of 9:00 PM tonight (July 6, 2020), someone using a Ricoh IM C6000 (show Document Properties ) scanned Governor Andrew Cuomo'...
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