Choice of law?
Court applies New York no-fault law over New Jersey law based on most significant relationship test, despite accident occurring in New Jersey.
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35 articles by Jason Tenenbaum, Esq.
Retroactive rescission
A Florida choice of law analysis leads to successful retroactive rescission, highlighting the importance of understanding different state laws in no-fault insurance cases.
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Pa retroactive rescission
Analysis of Pennsylvania retroactive rescission law in NY courts, including Monroe v Omni and burden of proof requirements for insurers seeking policy rescission.
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Rescinding a policy in accordance with Florida law
Florida insurance policy rescission requirements under state law - notice to insured and premium return mandates for valid ab initio rescission in New York courts.
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Understanding Choice of Law in Multi-State Personal Injury Cases
Expert guidance on multi-state personal injury cases and choice of law issues. Experienced NY attorneys. Call 516-750-0595 for free consultation.
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Pennsylvania Insurance Law in New York Courts: Navigating Choice of Law and the Innocent Third Party Doctrine
Navigate complex choice of law issues when Pennsylvania insurance policies meet New York litigation. Learn the innocent third party doctrine. Call 516-750-0595.
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Interstate Insurance Law Complications in New York Personal Injury Cases
Learn how interstate insurance laws affect NY personal injury cases. Expert analysis of multi-state complications. Call 516-750-0595.
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Understanding New York No-Fault Insurance Claims and the Business Records Rule
Insurance companies try technical defenses to deny NY no-fault benefits. Learn how business records rule & choice of law protects your claim. Call 516-750-0595
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VA substantive law; NY Procedural law
New York courts apply substantive law from other states but use NY procedural law, as shown in this GEICO case involving Virginia insurance law and mailing requirements.
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Policy voided
New York court upholds insurance company's retroactive policy rescission under Florida law, demonstrating how choice of law principles apply in multi-state insurance disputes.
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Innocent third-party under PA law
NY court applies PA law protecting innocent third parties from insurance policy rescission in Island Life Chiropractic v Infinity Group case analysis.
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Rescission not upheld
New York court rejects insurance rescission under Florida law when insurer failed to provide proper notice and return premiums within reasonable time after discovering fraud.
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Georgia Law and New York law on material misrepresentations
Georgia and New York laws both prohibit retroactive rescission of auto insurance policies despite material misrepresentations in procurement applications.
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Innocent third-party plays out under Pennsylvania law analysis
Pennsylvania insurance law case shows that policy rescission may not affect innocent third parties, highlighting complex choice of law issues in no-fault insurance disputes.
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New Jersey arbitration statute requires an application for Article 75 relief
New Jersey arbitration statute requires application for Article 75 relief to compel arbitration in no-fault insurance disputes, as New York procedural law controls over substantive New Jersey law.
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Massachusetts law applies
Massachusetts law governs no-fault insurance claims with lower PIP limits and health insurance offset provisions, creating expedient claim resolution strategies.
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AAA is licensed to transact business in NY – and recission not allowed
NY court rules AAA Michigan must follow NY law despite out-of-state status, blocking policy rescission to protect innocent third parties in no-fault claims.
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An appeal for the sake of an appeal?
New York appellate court reverses summary judgment in no-fault insurance case due to missing affidavit, raising questions about the necessity of the appeal.
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Choice of law – Florida prevails allowing retroactive recission
Florida law prevails in New York court allowing retroactive policy rescission for material misrepresentation in insurance application under Florida Statutes § 627.409.
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Failure to comply with PA law
New York court applies Pennsylvania insurance law requiring strict compliance with cancellation notice requirements, including proof of proper mailing address.
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Dismissal on arbitration grounds should be made through CPLR 7503
Court ruling clarifies that arbitration options don't justify dismissal; proper procedure requires CPLR 7503 motion to compel arbitration instead of summary judgment dismissal.
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Pennsylvania law
Delta Diagnostic v Infinity Group case shows NY court vacating consent order due to changed Pennsylvania insurance law interpretation affecting retroactive policy rescission burden of proof.
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Embarrassment or hubrus?
Attorney Jason Tenenbaum critiques a case where counsel failed to research applicable Rhode Island law before proceeding to trial, highlighting the importance of thorough legal preparation.
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Proofs insufficient under PA law
Pennsylvania law allows insurers to rescind policies for misrepresentation, but innocent third parties retain protection rights despite the rescission.
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Fraudulent prcourement defnese
Pennsylvania insurance policy rescission defense fails against innocent third parties in NY courts. Choice of law typically favors vehicle registration state in cross-border claims.
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Reargument granted and complaint dismissed under PA law
New York court applies Pennsylvania insurance law to dismiss no-fault benefits claim where injured party was complicit in insurance fraud scheme.
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Policy can be rescined under PA law; proof insufficient as to particular Assignor
PA law policy rescission case - insufficient proof against assignor in NY no-fault insurance fraud claim. Delta Diagnostic v Infinity Group 2014 decision analysis.
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A choice of law analysis – PA law controls
New York court applies Pennsylvania law to auto insurance dispute, finding PA's protection for innocent third parties prevents policy rescission against assignor.
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Delaware law applies
Delaware insurance law applied to NY court case involving out-of-state policy, accident location, and $15K coverage limits in no-fault claim dispute.
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New Jersey Law – but see where it all went wrong
New York court applies New Jersey insurance law in medical provider dispute, highlighting conflicts between state no-fault laws and mandatory dispute resolution requirements.
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Understanding Florida Choice of Law in New York No-Fault Insurance Cases: Long Island Legal Analysis
Understanding how Florida law applies to New York no-fault insurance disputes. Expert legal analysis from Long Island insurance attorneys. Call (516) 750-0595.
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A primer on Florida Law
Analysis of Florida vs New York no-fault insurance laws, focusing on retroactive policy rescission differences and choice of law implications in cross-state accident cases.
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New Jersey law bars most of Plaintiff's recovery in this PIP subrogation action
New Jersey law significantly limited subrogation recovery in this PIP case involving cross-border accident, workers' compensation, and no-fault benefits under choice of law analysis.
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Choice of law in SUM context – interesting
NY Court of Appeals applies Massachusetts law to SUM claim despite NY policy and NY victim, prioritizing accident location over policy terms in complex choice of law analysis.
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When NY and NJ Insurance Laws Collide: Understanding Cross-State Claims
Expert legal guidance on NY-NJ cross-state insurance claims. Long Island attorney explains choice of law implications. Call 516-750-0595.
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