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Congratulations to Al Galatan for a victory in the Appellate Division on April 24, 2019

Congratulations to Al Galatan for a victory in the Appellate Division on April 24, 2019, in State Farm Fire & Cas. Co. v. McLaurin, 171 A.D.3d 1191, 2019 WL 1782034 (Second Department). The court reversed Judge John Rouse from Suffolk County. The Appellate Division held that insureds breached the policy conditions by settling the tort claim without State […]

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Country-Wide Ins. Co. v Gotham Med., P.C.

Country-Wide Ins. Co. v Gotham Med., P.C. (2017 NY Slip Op 07538) was decided on October 26, 2017 by the Appellate Division, First Department. The issue in this case was whether a physicians' refusal to answer questions at an examination under oath about his compliance with a consent decree with the New York State Office […]

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Excellent result for Tom Craven on 7-31-2017

Congratulations to Tom Craven for an excellent result in Kings County on July 31, 2017, a high exposure case with $2.3 Million in coverage and 100% liability against the defendant. The case settled for $375,000 based on the strength of Tom's cross-examination.

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Lost wage benefits under current No-Fault regulations

Lost wage benefits under current No-Fault regulations are designed to fairly compensate the eligible injured party. Insurance Law Section 5102 (a) (2) provides that an individual who makes a claim under the no-fault law must be compensated for "[l]oss of earnings from work which the person would have performed had he [or she] not been […]

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Who is Arthur Bogoraz?

Who is Arthur Bogoraz and why did his case reach the Court of Appeals this summer for a decision on New York Insurance Law § 6801(a)(1)? Arthur Bogoraz was indicted in 2011 for No-Fault Fraud. Two days before he was set to surrender, he fled to the Ukraine. In September 2011 he piloted his own […]

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Is a suit between fellow employees for pain and suffering barred by the Worker's Compensation Law?

A general manager at Glenn Falls Country Club walks into the Pro Shop and takes a swing at the locker room attendant, striking him in his groin. The locker room attendant doubles over in pain; the manager laughed and walked out. The defendant described the contact as accidental and minimal and stated that the plaintiff […]

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More On Lost Wages Under No-Fault

More On Lost Wages Under No-Fault: Consider the July 27, 2017, decision of the Appellate Division, Third Department in Freligh v. Gov't Employees Ins. Co., 152 A.D.3d 1145 (N.Y. App. Div. 2017). On December 23, 2012, plaintiff allegedly sustained various injuries when the vehicle that he was operating was rear-ended by another vehicle. At the […]

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Big defense verdict for Mathew Peluso on 7-14-2017

Congratulations to Matt Peluso for a defense verdict on the issue of liability on July 14, 2017, in Rockland County in the case of Yolaine Toto v. Amanda and Salvatore Pugliese (Index No. 30485/15) before Judge Rolf Thorsen. We tried the case in a summary jury format with parameters of $0-$100,000 and focused on the damages aspect of the […]

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