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Browse Rogak, Lawrence N.

1-193 out of 193 article(s)
Title Type Date Words
Colorado Supreme Court Says: No Duty To Retreat in Self-Defense Case. Sep 1, 2020 620
Priority of Liens in Personal Injury Settlement: Motor Vehicle Accident Indem. Corp. v Bader & Yakaitis LLP et al., 2020 NY Slip Op 50798(U) Supreme Court, New York County, Index No. 450314/2019. Decided 08 July 2020. Jul 1, 2020 1304
SQrBlock Offers Supply Chain Management for the Cannabis Industry. Jul 1, 2020 273
Expert Witness Disclosure of Peer Review Doctor Can Be Made at the Last Minute: Brand Medical Supply v. Unitrin Advantage Ins. Co., 2020 NY Slip Op 50687 (App Term 2d Dept). Jun 22, 2020 596
Prior DJ Action Entitles PIP Insurer To Dismissal of NY PIP Suit. May 31, 2020 384
Attorney Has No Liability For Talking Client Into Filing Meritless Lawsuit. Apr 26, 2020 764
Attorney Has No Liability For Talking Client Into Filing Meritless Lawsuit. Apr 13, 2020 783
SUM Coverage Is Offset By Recovery From Tortfeasor. Mar 20, 2020 442
IME No-Show Voids NY Auto Policy, Even in PIP Arbitration: Matter of Global Liberty Ins. Co. of N.Y. v Capital Chiropractic, P. C., 2020 NY Slip Op 01466 (Appellate Division, First Department). Mar 20, 2020 356
Faulty Blood Test Results Do Not Make Doctor Liable For Patients ER Bill. Feb 24, 2020 785
NY Court Orders Disclosure Of Ethics Probe against Mayor DiBlasio. Feb 10, 2020 827
NY Courts Have Jurisdiction Over North Carolina Driver and Insurer. Jan 1, 2020 715
"Great Wall" Breached: STY PIP Acupuncturist Fee Schedule Thrown Into Doubt. Dec 1, 2019 794
NY Appeals Court Again Decides Issue Not Raised on Appeal: Bronx Med. Diagnostic, P.C. v Hereford Ins. Co., 2019 NY Slip Op 51793(U). Nov 25, 2019 843
Ramos a/a/o Benavides v The Hertz Corporation: U.S. District Court, D. Colorado, 2018 WL 4635972 (Notice of Appeal filed). Oct 14, 2019 2716
NY Court of Appeals Holds Landlords Cannot Avoid Liability for Snow and Ice on Sidewalks: Xiang Fu He v Troon Mgt, Inc. 2019 NY Slip Op 07643. Oct 1, 2019 1655
New York's Timely Disclaimer Statute Does Not Apply to Foreign Risk Retention Groups, Holds Court or Appeals: Nadkos, Inc. v Preferred Contrs. Ins. Co. Risk Retention Group LLC. Sep 30, 2019 2146
Storm in Progress Rule - Premises Liability. Jul 29, 2019 568
Court of Appeals Holds that Control of Medical PC by Non-Physicians is Fraud in Itself: Non-Party Witness Pleading the Fifth May Be Used Against PC in Civil Trial: Andrew Carothers, M.D., P.C. v Progressive Insurance Co. Jul 1, 2019 5044
Louisiana Insurance Fraud Unit Nips Guaranty Fund Scam. Jun 10, 2019 290
In de novo Proceeding, Attorney fees are Fixed DY Court, "Not Regulation 68: Matter of Country-Wide Ins. Co. v TC Acupuncture P.C. Jun 10, 2019 443
On de novo Appeal, Insurer Loses on Medical Necessity but Wins on Fee Schedule Issue: Allstate Insurance Company v Buffalo Neurosurgery Group. May 27, 2019 682
Doctors Refusal to Disclose His Interest in Other Facilities Leads to Dismissal of Lawsuit. May 13, 2019 686
Plaintiff's 20-Year Delay in Enforcing Judgment Does Not Toll Interest: Berenblit v Aetna Cas. & Sur. Co. Apr 29, 2019 714
Plaintiff's 2001 Judgment Gets Paid with Compound Interest Despite 14 Year Delay in Enforcement. Apr 15, 2019 919
Insurer Need Not Provide Rationale for Provider EUO Demand: Dynamic Balance Acupuncture, P.C. v State Farm Ins. Mar 25, 2019 645
Exterior Public Stairways are "Sidewalks" and Require Prior Written Notice of Defects. Mar 11, 2019 1273
Question Exists as to Whether Snow Tubing Park's Negligence Increased the Dangers. Feb 25, 2019 617
Claimant Must Apply to Liquidation Bureau Before Going to MVAIC. Feb 11, 2019 756
Court Orders Sanctions Inquiry Against Attorneys Who Sued Wrong Insurer: Natural Therapy Acupuncture, P.C. v Omni Indem. Co. Jan 28, 2019 1007
When Provider Bills Under a "By Report" Code Insurer Must Demand Supporting Documents if it Wants Them. Jan 14, 2019 700
PIP Insurers Must Pay More Than Policy Limit When Denied Claims are Lost After Policy Exhaustion. Jan 14, 2019 435
New Jersey Policy + New Jersey: Accident = No New York: PIP Arbitration: In the Matter of the Arbitration between: Spike Medical PC and New Jersey Manufacturers Insurance Co. Sep 24, 2018 518
Plaintiff's Failure to Respond to 90 Dav Notice is Fatal to PIP Suit: Midwood Total Rehab, P.C. v GEICO Ins. Co. Jun 25, 2018 426
Burden of Proof is On Insurer to Show That Provider Failed to Respond to Verification Requests: TAM Med. Supply Corp. v Travelers Ins. Co. Mar 26, 2018 345
Even Without a Good Denial, Plaintiff Cannot Collect More Than Fee Schedule Amount: Oleg's Acupuncture, P.C. v Hereford Ins. Co.. Mar 26, 2018 527
Motion Judge Cannot Award "Fees" to Winning Party on Motion Without a Hearing: Gentlecare Ambulatory Anesthesia Servs. v Geico Ins. Co. Jan 1, 2018 631
Prior Written Notice Required for Suit Against City for Icy Sidewalk injury: Puzhayeva v City of New York. Aug 21, 2017 962
Facebook Cannot Appeal Grant of Warrant to Search User's Account, Holds Court of Appeals: Matter of 381 Search Warrants Directed to Facebook, Inc. May 29, 2017 5131
Auto exclusion applies to trucker injured while unloading trailer; Country-Wide Ins. Co. v Excelsior Ins. Co. Feb 27, 2017 893
Appellate division rejects argument that driver was too drunk to "knowingly" refuse breathalyzer; Matter of Hickey v New York State Dept. of Motor Vehs. Feb 13, 2017 824
EUO no-show denial upheld: sufficient basis existed for demand: in the matter of the arbitration between Fawzy Salama PLLC and State Farm Mutual Automobile Insurance Company. Oct 17, 2016 1132
Was the cure worse than the disease? Homeowner alleges that tear gas remediation chemical made her sick. May 15, 2016 2979
Assault and battery exclusion applies where all allegations arise out of an assault. Feb 29, 2016 1348
Court quashes subpoena served on doctors bank: Jamaica Wellness Med., P.C. v USAA Cas. Ins. Co.. Jan 25, 2016 2528
For services performed in New Jersey, the NJ fee schedule is the prevailing fee: Surgicare Surgical Assoc. v National Interstate Ins. Co. Dec 21, 2015 675
Venue for suit based on breach of policy condition is where "the contract exists"--insurer's offices. Nov 30, 2015 1142
Motorcycle passenger is still "occupying" it after being thrown off; gets no PIP benefits for being struck while on pavement: Boyson v Kwasowsky. May 25, 2015 2393
Plaintiff's failure to comply with 90-day notice results in dismissal: South Nassau Orthopedic Surgery & Sports Medicine, P.C. v Geico Ins. Co. May 11, 2015 677
Medical provider must submit to EUO whether it gets an assignment or just authorization to receive payment: Stracar Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co. Apr 13, 2015 817
Where MVAIC claimant indicates he was on a motorcycle, burden is on claimant to prove he is a qualified person: new millennium med. imaging, P.C. v M.V.A.I.C. Mar 31, 2015 2099
Medical provider must submit to EUO whether it gets an assignment or just authorization to receive payment. Mar 16, 2015 831
Court of Appeals: city liable for permitting bicyclist to enter road that was closed for repairs: Wittorf v City of New York (2014 NY Slip Op 04037). Jun 9, 2014 1882
Homeowner's policy provides no coverage to insured for spouse's wrongful death claim: matter of Randall S. Courtney v Dryden Mut. Ins. Co. Oct 14, 2013 1043
Attorney's rhetorical question in appellate brief does not amuse the court: Promed Durable Equip., Inc. v GEICO Ins.. Sep 9, 2013 1250
No bad faith liability for insurer in regard to punitive damage award: Seldon v Allstate Ins. Co. Jun 17, 2013 230
Excess Lines Association has no power to sue to enforce insurance law violations: ELANY vs. Waldorf & Assoc. Jun 3, 2013 4459
When farm animals wander into the road, owner may be liable for auto accident: Hastings v Sauve. May 20, 2013 664
Premises owned by insured and rented out for non-garage business, not covered under garage policy. Apr 22, 2013 420
Doberman bites little girl on the face, but we get suit dismissed: Nicolette Ferrieri by f/n/g Luigi Ferrieri vs Paul Sigler and Francine Sigler. Mar 18, 2013 1054
Excessive fee paid to subpoenaed witness does not disqualify him, but jury gets to know about it. Mar 4, 2013 1840
Rental car company's goof gives rise to false arrest claim, not negligence: Ferguson v Dollar Rent A Car, Inc. Feb 18, 2013 339
Earth movement exclusion fails because movement of fill found to be effect, not cause, of damage: Trezza v New York Cent. Mut. Fire Ins. Co. Feb 4, 2013 1572
Another poetic but brutally Frank eviscertation of MUA by Judge Straniere: Dugo v State Farm Mut. Auto. Ins. Co. Jan 21, 2013 3471
Homeowner's policy covers cost of mobile home as replacement for regular home: Gauthier v Countryway Ins. Co. Jan 7, 2013 720
Court orders in-camera review of insurer's claims file to determine what parts must be disclosed: McLaurin Fields v First Liberty Ins. Corp. Nov 26, 2012 2255
Court orders in-camera review of insurer's claims file to determine what parts must be disclosed: McLaurin Fields v First Liberty Ins. Corp. Nov 12, 2012 2256
Landlord's hallway camera catches hubby with female visitor; lawsuit for prima facie tort survives dismissal: Otero V Houston St. Owners Corp. Oct 29, 2012 2547
"Earth movement" exclusion which specifically mentions "man made" events upheld by court of appeals: Bentoria Holdings, Inc. v Travelers Indem. Co. Oct 29, 2012 529
Subway doors catch plaintiff's foot while exiting; defense verdict vacated, then reinstated: Selzer v New York City Tr. Auth. Oct 15, 2012 2886
Go know: a chupah is a "structure" for purposes of labor law. Sep 24, 2012 1702
Defendant's belated attempt to "appear" for EBT by telephone fails. Sep 24, 2012 271
Pre-existing conditions--policy exhaustion. Sep 10, 2012 2380
Insurance Company liquidator gets judicial immunity: matter of U.S. Capital Ins. Co. Aug 20, 2012 1150
Is getting oil dumped in your basement by a stranger "Vandalism"? trial required to find out: Garnar v New York Cent. Mut. Fire Ins. Co. Aug 20, 2012 526
College pitcher assumed risk of being hit by line drive during batting practice: Bukowski v Clarkson Univ. Jul 23, 2012 1401
County defaults on bonds sold to insurer, then calls them a "stupid, lousy investment": Frankenmuth Mut. Ins. Co. v Waste Mgt. of NY, L.L.C. Jun 18, 2012 3312
Surety claims are "insurance" for purposes of priority when insurer is in rehabilitation. Jun 4, 2012 4500
Fraudulent Incorporation: Concourse Chiropractic, PLLC v State Farm Mut. Ins. Co. May 21, 2012 3412
Intentional acts exclusion: Smith v Geico Ins. Co. v Liberty Mutual Insurance Co. May 7, 2012 1641
Contract's waiver of subrogation clause insulates bank's alarm company from burglary-loss suit: Abacus Fed. Sav. Bank v ADT Sec. Servs., Inc. et al., respondents, Holmes Protection of New York, Inc., et al., defendants. Apr 9, 2012 2113
Homeowners have no duty to prevent drunks from leaving their house, nor to guide them as they drive away: Martino v Stolzman. Mar 19, 2012 877
So long as petition to stay ARB is brought timely, it can be amended later: Matter of Government Employees Ins. Co. V Albino. Feb 20, 2012 369
Insured's ambiguous notice fails to trigger insurer's 20-day time to stay ARB: matter of Country-Wide Ins. Co. v Ramirez. Feb 6, 2012 1449
Insured's non-residence at insured home voids claim for fire loss: Zises v blew York Cent. Mut. Fire Ins. Co. Jan 30, 2012 1108
In dog custody battle, court applies 'best interest of the dog' standard: LeConte v Lee. Jan 9, 2012 960
When the work involves filling a trench, no guards around trench are required; 240(1) suit dismissed: Salazar v Novalex Contr. Corp. Dec 19, 2011 2573
Court of Appeals rules on three "no fault threshold" cases. Nov 28, 2011 2923
Court of Appeals expands scope of scaffold law to objects that topple over: Wilinski v 334 E. 92nd Hous. Dev. Fund Corp. Nov 14, 2011 4289
Qualifying for handicapped permit: diabetes not approved: matter of Jacobson v New York City Dept. of Transp. Oct 31, 2011 2730
Doctor liable for patient's jewelry handed over before scan and then lost: New York Cent. Mut. Ins. Co. a/a/o Rousseau v Medical Diagnostic Imaging, PLLC. Oct 10, 2011 1806
Motorist hit by stray box kicked up by passing vehicle does not qualify for uninsured motorist benefits: Matter of State Farm Mut. Auto. Ins. Co. v Beddini. Oct 10, 2011 339
Property insurer's issuance of check to insured may have waived proof of loss requirement: Richman v Harleysville Worcester Ins. Co. Sep 26, 2011 483
Common law indemnification is not triggered by supervisory duties--actual supervision is required, holds court of appeal. Aug 22, 2011 2939
Common law indemnification is not triggered by supervisory duties--actual supervision is required, holds Court of Appeals: McCarthy v Turner Constr., Inc. Jul 31, 2011 2953
Cop run down by fleeing suspect is entitled to UM arbitration: Matter of Progressive Northeastern Ins. Co. v Vanderpool. Jul 15, 2011 533
When employer has state fund's unlimited liability coverage, excess liability coverage is never triggered: Merchants Mut. Ins. Co. v New York State Ins. Fund. Jul 15, 2011 593
Municipal parking lot defects require prior written notice before lawsuit, says Court of Appeals: Groninger v Village of Mamaroneck. Jun 20, 2011 3519
Restaurant had plenty of reason to believe that patron's death from food poisoning would result in a claim: Tower Ins. Co. of N.Y. v Babylon Fish & Clam, Inc. May 30, 2011 853
Medical provider's license revoked: Matter of Tribeca Med., P.C. v New York State Dept. of Health. May 30, 2011 611

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