UM Hearing – evidence insufficient to prove presence of coverage
UM hearing case where petitioner failed to prove vehicle identification and insurance coverage at accident time - insufficient evidence under NY law.
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April 2016 Articles
7 articles published in April 2016
The pedestrian knockdown case
Court rules USAA not liable for no-fault benefits in pedestrian knockdown case where insured and passenger affidavits denied contact, creating coverage gaps.
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Very sneaky UM arbitration case on Geico’s part
Geico attempts to recover $25,000 from Global Liberty after paying uninsured motorist claim, despite failing to challenge coverage disclaimer in arbitration.
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An AOB is not necessary at all
Court rules Assignment of Benefits not required for no-fault claims prima facie case. Defendants must properly raise AOB issues first before inquiry permitted.
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It was NOT mailed
No-fault insurance case highlights burden of proof for proper mailing. Insurance companies must establish complete chain of evidence when claiming notices were sent.
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Procedural faux pas
New York appellate court clarifies when procedural defects are fatal versus correctable, emphasizing courts should allow supplementation rather than dismissal.
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Framed Issue hearing on Ins Law 5107
Court ruling on Insurance Law Section 5107 requiring out-of-state insurers to provide New York no-fault benefits when vehicles operate in NY state.
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