Matter of Progressive Advanced Ins. Co. (Widdecombe), 2018 NY Slip Op 00061 (3d Dept. 2018) (1) “Initially, it is undisputed, as Supreme Court correctly determined, that Germain is an uninsured motorist as none of his automobile policies, including a prior policy with Hartford, was in effect on the date of this incident. Thus, any exclusion in […]
Easy Care Acupuncture, PC v Hartford Ins. Co., 2017 NY Slip Op 51470(U)(App. Term 1st Dept. 2017) This first party, no-fault action is not susceptible to summary disposition. The evidentiary proof submitted by defendant-insurer in support of its motion for summary judgment, while sufficient to demonstrate that defendant had a “founded belief” that the assignor’s injuries […]
Matter of Liberty Mut. Ins. Co. v Young, 2015 NY Slip Op 00377 (2d Dept. 2015) “A deliberate collision by an insured is not a covered event under an insurance policy (see Matter of Liberty Mut. Ins. Co. v Goddard, 29 AD3d 698, 699; State Farm Mut. Auto. Ins. Co. v Laguerre, 305 AD2d 490, 491;Matter of […]
Nationwide Gen. Ins. Co. v Pontoon, 2014 NY Slip Op 09001 (2d Dept. 2014) “The referee incorrectly concluded that GEICO was required to submit evidence that Pontoon was involved in staging the collision in order to support a disclaimer of coverage. Contrary to the referee’s conclusion, if GEICO can prove that the collision was staged by […]
Matter of Utica Mut. Ins. Co. v Burrous, 2014 NY Slip Op 06986 “From the eyes of the decedent” “Contrary to the Supreme Court’s determination, Utica is not entitled to a permanent stay of arbitration, and that branch of its petition should have been denied. In State Farm Mut. Auto. Ins. Co. v Langan (16 NY3d 349), the […]
V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co., 2014 NY Slip Op 50615(U)(App. Term 2d Dept. 2014) “Prior to trial, the parties stipulated that the sole question for the jury’s determination was whether the motor vehicle collision at issue was the result of an intentionally caused event. An investigator from defendant’s Special Investigation Unit […]
New York Hosp. Med. Ctr. of Queens v Utica Mut. Ins. Co., 2012 NY Slip Op 52388(U)(App. Term 2d Dept. 2012) In this case, the Plaintiff Assignor jumped on a parked car and walked away and the complaint was dismissed “In support of its cross motion, defendant submitted an affidavit by its insured who stated […]
21st Century Advantage Ins. Co. v Cabral Look, 21st Century did their homework. Someone admitted to defrauding the insurance companies. Yet, Mr. All Boro, a distant relative of of Mr. Five Boro felt the need to put in gratuitous opposition to the preliminary injunction motion. As such, more paper and judicial resources were were wasted […]
Nyack Hosp. v Allstate Ins. Co., 2011 NY Slip Op 04644 (2d Dept. 2011) This Medicaid crisis has spurred judicial activism from the Appellate Division, Second Department. Now an intentional act, both a coverage issue and a policy exclusion has been deemed to be the latter, to the exclusion of the former. I swear people […]
State Farm Mut. Auto. Ins. Co. v Langan, 2011 NY Slip Op 02437 (2011) It is Langan again. That bad dream that does not go away. Well this time, the Court of Appeals held that for both lines of first-party automobile coverage, PIP and UM/SUM/UIM, an intentional act should be looked at through the viewpoint […]