Life after Perl v. Meher, 18 N.Y.3d 208, 960 N.E.2d 424 (2011) was supposed to have bright lines and boundaries. In PERL, the Court of Appeals stated the obvious, “No-fault abuse still abounds today...
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Life after Perl v. Meher, 18 N.Y.3d 208, 960 N.E.2d 424 (2011) was supposed to have bright lines and boundaries. In PERL, the Court of Appeals stated the obvious, “No-fault abuse still abounds today...
Using N.Y. C.P.L.R. § 3101 (h) For The Defense: CPLR § 3101(h), effective January 1, 1994, was modeled after rule 26(e) of the Federal Rules of Civil Procedure which explicitly requires that a party, under certain circumstances, promptly supplement or amend responses to disclosure requests. N.Y. C.P.L.R. § 3101 (h), states: Amendment or supplementation of […]
What is the obligation of an insured to pay interest on a judgment which exceeds their policy? Can a carrier be forced to pay more than their policy limits based on the mandatory provisions regarding the payment of interest found in Insurance Department regulation11 NYCRR 60-1.1? See Friedman v. Progressive Direct Ins. Co., 100 A.D.3d […]
The Common Law Right to Rescind a Policy Unlike New York, Pennsylvania law gives an insurer a common law right to retroactively rescind an automobile insurance policy (see Klopp v. Keystone Ins. Cos., 528 Pa. 1, 595 A.2d 1 [1991] ) as to an insured who has made a misrepresentation material to the acceptance of […]
Seldom does a no-fault case, initiated in the Civil Court, wind its way to the Appellate Division. Further rare, are those occasions when a vigorous dissent can chart a course to the Court of Appeals. American Transit Ins. Co. v. Longevity Med. Supply, Inc., 2015 NY Slip Op 06761 (N.Y. App. Div. Sept. 15, 2015) […]
Exclusions In Standard Flood Insurance Policy: Marie Clifford had a residence in Plattsburgh, New York, right on Cumberland Bay, on the Vermont border. A beautiful part of New York, however, frequent floods occur. A Standard Flood Insurance Policy ("SFIP") issued by Preferred Mutual Insurance Company was at issue before the United States District Court, Northern […]
Changes to E-Filing Regulations: On August 31, 2015, Governor Andrew Cuomo signed into law Chapter 237 of the Laws of 2015 mandating certain changes to E-filing regulations. This new legislation gives the Office of Court Administration and the Chief Judge, authorization for the use of mandatory E-filing in Supreme Court Civil parts. It also gives […]
Judge Rebolini orders plaintiff to turn over Facebook postings in Melissa "G" and Garry "G" v. North Babylon Union Free School District, et. al.,(Index No: 36209/2006), March 23, 2015. What a plaintiff posts on Social Media is fair game for the defendant to review (within limits). In this action, the plaintiff alleged she was sexually […]
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