The loss was not intentional
January 6, 2018 2 Comments
Matter of Progressive Advanced Ins. Co. (Widdecombe), 2018 NY Slip Op 00061 (3d Dept. 2018) (1) “Initially, it is undisputed, as Supreme Court correctly determined, that Germain
Matter of Progressive Advanced Ins. Co. (Widdecombe), 2018 NY Slip Op 00061 (3d Dept. 2018) (1) “Initially, it is undisputed, as Supreme Court correctly determined, that Germain
Easy Care Acupuncture, PC v Hartford Ins. Co., 2017 NY Slip Op 51470(U)(App. Term 1st Dept. 2017) This first party, no-fault action is not susceptible to summary
Matter of Liberty Mut. Ins. Co. v Young, 2015 NY Slip Op 00377 (2d Dept. 2015) “A deliberate collision by an insured is not a covered event
Nationwide Gen. Ins. Co. v Pontoon, 2014 NY Slip Op 09001 (2d Dept. 2014) “The referee incorrectly concluded that GEICO was required to submit evidence that Pontoon
Matter of Utica Mut. Ins. Co. v Burrous, 2014 NY Slip Op 06986 “From the eyes of the decedent” “Contrary to the Supreme Court’s determination, Utica
V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co., 2014 NY Slip Op 50615(U)(App. Term 2d Dept. 2014) “Prior to trial, the parties stipulated that the
New York Hosp. Med. Ctr. of Queens v Utica Mut. Ins. Co., 2012 NY Slip Op 52388(U)(App. Term 2d Dept. 2012) In this case, the Plaintiff Assignor
21st Century Advantage Ins. Co. v Cabral Look, 21st Century did their homework. Someone admitted to defrauding the insurance companies. Yet, Mr. All Boro, a distant
Nyack Hosp. v Allstate Ins. Co., 2011 NY Slip Op 04644 (2d Dept. 2011) This Medicaid crisis has spurred judicial activism from the Appellate Division, Second
State Farm Mut. Auto. Ins. Co. v Langan, 2011 NY Slip Op 02437 (2011) It is Langan again. That bad dream that does not go away.
Infinity Health Prods., Ltd. v American Tr. Ins. Co., 2011 NY Slip Op 50195(U)(App. Term 2d Dept. 2011) “Defendant’s proof consisted of the affidavit of its
This is a most interesting case. I will discuss my thoughts in some detail because this case seems to possibly support the inference that a default
There have been numerous cases where the Appellate Term, Second Department, has refused to grant an insurance carrier summary judgment based upon proof that a motor
AA Acupuncture Serv., P.C. v Safeco Ins. Co. of Am., 2009 NY Slip Op 29311 (App. Term 1st Dept. 2009) This was a really interesting decision.
