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New York Appellate Court Holds that Third-Party Diminution in Value Damages Are Recoverable in Addition to Cost of Repairs for Personal Property that Appreciates in Value
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
PERSONAL AUTO ? THIRD-PARTY DIMINISHED VALUE ? COST OF REPAIRS ? MEASURE OF RECOVERABLE DAMAGES
Franklin Corp. v Prahler
(4th Dept., decided 11/10/2011)?
Spoiler alert: it could be said that this decision makes new law in New York on the issue of whether third-party diminution of value damages for a motor vehicle are recoverable in addition to the cost of repairs even if the repairs restore the vehicle to its pre-accident condition.? In the opinion of the Appellate Division, Fourth...
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`Twas Brillig, and the Slithy Toves Did Gyre and Gimble in the Wabe
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
NO-FAULT ? FRAUDULENT BILLING ? INSURER RECOVERY ACTION ? FAIR PRICE
Lincoln Gen. Ins. Co. v. Alev Med. Supply Inc
(Nassau Co. Dist. Ct., 1st Dist., decided 9/28/2009)
Lewis Carroll wrote Jabberwocky for his brothers and sisters in 1857 when he was 23 years old. Fair Price Medical was decided by the New York Court of Appeals in 2008 when New York's no-fault law was 31 years old. For over 150 years, the academic debate has continued over what the text of Jabberwocky means. In just over a...
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Coinsurance Recovery Action Against New York State Insurance Fund Must Be Brought in New York Court of Claims
From Coverage Counsel, 2 year ago, Read 2 times. Similar articles
CGL ? COINSURANCE CONTRIBUTION ? SUIT AGAINST STATE INSURANCE FUND
Twin City Fire Ins. Co. v. State Ins. Fund
(1st Dept., decided 9/24/2009)
The New York State Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York or certain other State-related entities such as the New York State Thruway Authority, the City University of New York and the New York State Power Authority (claims for the appropriation of real property only). Plaintiff's...
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Action Against Property Insurers Dismissed Based on Finding of No Collapse
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
COMMERCIAL PROPERTY ? COLLAPSE ? NO ABRUPTNESS ? WEAR amp; TEAR EXCLUSION ? DETERIORATION EXCLUSION ? EXPERT OPINION FROM AN ARCHITECT
Rapp B. Props., LLC v. RLI Ins. Co.
(1st Dept., decided 9/15/2009)
Plaintiff sought payment from their commercial property insurers for damage to its building's south wall as a result of collapse, an allegedly covered peril, which occurred "on or about July 19, 2005 and continuing thereafter." The complaint cited damage consisting of "severe cracking,...
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Twenty-One Floors of Wet -- New York Supreme Dismisses Subrogation Action Based on Anti-Subrogation Rule
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
BUILDER'S RISK ? SUBROGATION ? ANTISUBROGATION RULE ? INSURABLE INTEREST
St. Paul Fire amp; Mar. Ins. Co. v. FD Sprinkler, Inc.
(Sup. Ct., New York Co., decided 8/31/2009)
St. Paul issued a builders risk policy to Chelsea 27th Streets Apartments, LLC for construction at 800 Sixth Avenue, New York, New York. Subcontractors FD Sprinkler, Inc. and Woodworks Construction Company were named as additional insureds on that policy by the following provision:
All subcontractors as Additional...
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New York Supreme Dismisses CPLR Article 78 Mandamus Proceeding Against NYS Insurance Department, NICB, State Farm, AutoOne and General Assurance
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
NO-FAULT ? MANDAMUS RELIEF ? CPLR ARTICLE 78
Matter of Okslen Acupuncture P.C. v. Dinallo
(Sup. Ct., New York Co., decided 6/26/2009)
In one man's crusade to invalidate the New York State special investigation units of State Farm, AutoOne and General Assurance Company and otherwise squelch certain investigations of no-fault providers, losses and claims suspected to be fraudulent, this is another battle lost.
Regarded by some as my no-fault nemesis, Brooklyn attorney Ray Zuppa began this...
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Insureds Allowed to Continue Suit Against Neighbors Even After Receiving Insurance Payment for Garage Crushed by Neighbor's Tree
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
HOMEOWNERS ? ACTUAL CASH VALUE ? SUIT AGAINST TORTFEASOR
Hopper v. McCollum
(2nd Dept., decided 8/25/2009)
If insureds collect payment from their homeowners insurer for damage to their garage crushed by their neighbor's rotted tree, can they then also sue their neighbor for damages' Yes, says the Appellate Division, Second Department.
Plaintiffs' garage was damaged when portions of an allegedly decayed and fractured tree located on their neighbor's adjacent property fell onto it. Plaintiffs...
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Motion to Withdraw as Retained Defense Counsel Due to Liability Insurer's Subsequent Disclaimer Is Denied
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
CGL ? DUTY TO DEFEND ? WITHDRAWING AS RETAINED DEFENSE COUNSEL ? DECLARATORY JUDGMENT ACTION
Iacobellis v. A-1 Tool Rental, Inc.
(2nd Dept., decided 9/8/2009)
It has long been the rule in New York that once a liability insurer retains counsel to defend its insured, only a declaratory judgment relieving the insurer of that defense or the insured's consent will enable retained counsel to withdraw.
James River Insurance Company retained Wilson Elser Moskowitz Edelman amp; Dicker, LLP to defend...
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How Best To Use this Blog
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
Unless you've been a reader of this blog since its inception in April 2008, you may have missed a few of the 538 or so posts before this one. If that's the case, and you would like to find content related to why you found your way here in the first place, there are several ways to do so.
Recent posts can be viewed by either scrolling downward on the main page or by clicking on a title/link in the Recent Posts/Labels/Archives widget found in the upper right-hand corner of any page. ...
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Court Again Rules that Graves Amendment Creates Conflict in Joint Defense Representation of Driver Rental Car Company
From Coverage Counsel, 2 year ago, Read 0 times. Similar articles
AUTO ? RENTAL VEHICLE ? GRAVES AMENDMENT ? RETAINED DEFENSE COUNSEL ? CONFLICT OF INTEREST
Meigel v. Schulman
(Sup. Ct., Kings Co., decided 8/12/2009)
Kings County Supreme Court Justice Wayne Saitta has done it again. As he did in Graca v. Krasnik, Justice Saitta not only denied the car lessor's motion for summary judgment, but ordered that separate defense counsel be provided for the renter who was driving the rental car at the time of the accident.
For all actions commenced on or after...
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Testimony of Re-Peer Review Doctor Not Limited to Rationale of Original Peer Review Report
From Coverage Counsel, 2 year ago, Read 1 times. Similar articles
NO-FAULT ? TESTIMONY OF RE-PEER REVIEW DOCTOR ? GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE ? MEDICAL NECESSITY
Prime Psychological Servs., P.C. a/a/o James Gajadhar v. Progressive Cas. Ins. Co.
(NYC Civil Ct., Richmond Co., decided 8/5/2009)
In the words of New York City Civil Court, Richmond County, Judge Katherine Levine, "this case was submitted to the court to determine whether a re-peer doctor's testimony must exactly replicate what is contained in a peer review report generated by...
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