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Articles

No Fault Abuse

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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Using N.Y. C.P.L.R. § 3101 (h) For The Defense

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 […]

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Q&A

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 […]

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The Common Law Right to Rescind a Policy

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 […]

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No-Fault Decision

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) […]

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Exclusions In Standard Flood Insurance Policy

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 […]

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Changes to E-Filing Regulations

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 […]

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Social Media For The Defense

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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