Infinity Ins. Co. v Nazaire, 2016 NY Slip Op 31454(U)(Sup. Ct. Kings Co. 2016)
This is a PA rescission case based upon a garaging issue. The Court caught on to something interesting. First, the EUO of the Defendant was not annexed to the moving papers. Second, the Court found the investigator affidavit to be hearsay.
Third, the footnote said:
“The affidavit of the plaintiffs litigation specialist appears to be, in the antiquated words of one court, a “mere mechanical job of paste pot and shears” (TC. Theatre Corp. v Warner Bros. Pictures, 113 F Supp 265, 271 [SD NY 1953], rearg denied 125 F Supp 233 [SD NY 1953]). The boilerplate text of her affidavit is formatted in regular size font, while the variables are highlighted in bold size font to make it easier for her to make changes depending on the facts of a particular claim. Her affidavit here does not have all of the correct variables. Notably, para 23 of her affidavit refers to one Nandslie Jean Louis as the policyholder, rather than Jude.”
Interesting read. My advice to Plaintiff insurance carrier counsel: slow down and proof read. Being a speed demon does not make friends in the judiciary…
