The loss was not intentional
Court rules on uninsured motorist coverage dispute, finding no intentional acts exclusion applies and injuries resulted from accident despite criminal intent.
Read More →Intentional loss
14 articles by Jason Tenenbaum, Esq.
A staged accident raises an issue of fact
NY court rules staged accident allegations create factual issues requiring trial, rejecting insurer's summary judgment motion in no-fault case.
Read More →
Staged accident stay
Liberty Mutual v Young case analysis: staged accident claims, coverage disclaimers, and uninsured motorist benefits in New York insurance law disputes.
Read More →
From the eyes of the insured has its limits
NY court rules staged accident schemes void coverage regardless of innocent third party status - challenges Langan doctrine on intentional acts
Read More →
An Application of Langan
New York Court of Appeals applies Langan test for intentional loss coverage, examining accidents from insured's perspective in uninsured motorist claims.
Read More →
Verdict sustaining that the loss was intentional sustained
NY court upholds jury verdict finding motor vehicle collision was intentionally caused, denying plaintiff's motion for judgment as matter of law in no-fault case.
Read More →
Successful summary judgment: Plaintiff Assignor jumped on a parked car and walked away and the complaint was dismissed
Analysis of successful insurance defense summary judgment in NY no-fault case involving parked vehicle. Evidentiary requirements for medical providers. Call 516-750-0595.
Read More →
Staged accident and non-payments of premiums
Insurance fraud case reveals challenges with internet policy binding and payment requirements, highlighting need for stronger due diligence in no-fault claims.
Read More →
An intentional act is precluded if not raised in a timely denial
New York court ruling transforms intentional act from coverage issue to policy exclusion, creating new category of precludable coverage defenses in no-fault insurance law.
Read More →
From your perspective – not mine
Court of Appeals clarifies that intentional act exclusions in auto insurance should be evaluated from the injured person's perspective, not the actor's.
Read More →
Proof insufficient to prove the accident was intentional
NY court rules insufficient proof to establish intentional accident. Important guidance on police report admissibility for Long Island & NYC medical providers. Call 516-750-0595.
Read More →
Default Judgment Pitfalls: Why Non-Hearsay Evidence Is Critical in New York Declaratory Judgment Actions
Learn why default judgments in NY declaratory judgment actions require non-hearsay evidence. Expert analysis of CPLR 3215 requirements from experienced attorneys.
Read More →
Understanding Staged Accident Allegations in New York Insurance Claims
Understanding staged accident allegations in New York insurance claims. Expert legal defense against fraud accusations from experienced NY personal injury attorneys. Call 516-750-0595.
Read More →
Insurance Material Misrepresentations: When Preponderance Matters More Than Intent
Learn how NY Insurance Law Section 3105(b) allows policy rescission for material misrepresentations without proving intent. Essential guidance for healthcare providers and policyholders.
Read More →