An interesting credit card case May 3, 2016

Citibank (South Dakota), N.A. v Abraham, 2016 NY Slip Op 03133 (2d Dept. 2016)
The usual credit card non-payment case is straightforward.  This one is not, and could give us attorneys that defend credit card defendants some wiggle room.
This is the case where the credit card issuer lowers the cred

AAA is licensed to transact business in NY – and recission not allowed May 3, 2016

Flushing Traditional Acupuncture, P.C. v Auto Club Ins. Assn., AAA Mich., 2016 NY Slip Op 26125 (App. Term 2d Dept. 2016)
(1) “Despite defendant’s assertions that it does not write insurance policies or conduct business in New York, it is uncontroverted that defendant’s New York c

UM Hearing – evidence insufficient to prove presence of coverage April 18, 2016

Initial showing at a framed issue hearing:  Existence of other vehicle and coverage at the time of the incident
“Infinity contends, among other things, that the petitioner failed to submit competent evidence to meet its initial burden of identifying the alleged offending vehicle and showing t

The pedestrian knockdown case April 18, 2016

Compas Med., P.C. v United Servs. Auto. Assn., 2016 NY Slip Op 50559(U)
“The insured’s passenger also submitted an affidavit, in which she stated that the subject vehicle did not come into contact with a pedestrian. The affidavits were sufficient to demonstrate, prima facie, that &#8220

  1. Anonymous says:

    The third party action settled already.

    What the Appellate Term isn’t telling you is that the record, via USAA’s own motion, contained a police report identifying the vehicle as striking the EIP and leaving the scene. There was also a witness identified in the report as having seen it happen. There should have been triable issues of fact on the face of the motion papers.

Very sneaky UM arbitration case on Geico’s part April 18, 2016

Geico Indem. Ins. Co., Matter of, v Global Liberty Ins. Co. of NY, 2016 NY Slip Op 50595(U)(App. Term 2d Dept. 2016)
Geico Indemnity Insurance Company (Geico) commenced this proceeding, pursuant to CPLR 7510, to confirm an arbitration award rendered against Global Liberty Insurance Company of NY (

An AOB is not necessary at all April 18, 2016

Beal-Medea Prods., Inc. v Geico Gen. Ins. Co., 2016 NY Slip Op 50594(U)(App. Term 2d Dept. 2016)
“Plaintiff’s motion should have been granted. Defendant’s CPLR 4401 motion for judgment as a matter of law was made before the close of plaintiff’s case, and was therefore premat

It was NOT mailed April 18, 2016

Contemporary Acupuncture, P.C. v Allstate Ins. Co., 2016 NY Slip Op 50464(U)(App. Term 2d Dept. 2016)
“Defendant’s motion for summary judgment dismissing the complaint was based on the alleged failure of plaintiff’s assignor to appear for duly scheduled examinations under oath (EU

  1. Anonymous says:

    We may be seeing a split between the 9th and 10th vs. the 2nd, 11th, and 13th with respect to the sufficiency of Allstate’s mailing affidavits in the post-Progressive v. Infinite world.

Procedural faux pas April 6, 2016

Citimortgage, Inc. v Dulgeroff, 2016 NY Slip Op 02573
The Civil Court, Kings County briefing schedule notwithstanding:”Contrary to the motion court’s ruling, West Fork’s failure to attach the judgment of foreclosure to its motion to intervene and to vacate the judgment is not a fa

Framed Issue hearing on Ins Law 5107 April 4, 2016

Matter of American Ind. Ins. Co. v Nova Acupuncture, P.C., 2016 NY Slip Op 02357 (2d Dept. 2016)
(1) “Section 5107 of article 51, entitled “Coverage for non-resident motorists,” provides, in pertinent part, that: “(a) Every insurer authorized to transact or transacting busin

  1. seinfeld says:

    I cant remove caps ……… sorry.

    I have represented out of state insurers before. Odd thing is that the actual insurance policy says that it would adopt the rules and regulations in whatever state the accident occurs.

    also, some out of state insurers have filed a power of attorney with NY even though they do not do business in NY. Under the regs, that gives jurisdiction to NY.

    None of this is, of course, is usually volunteered by defense counsel – and they may not even be aware of it. The defense carrier I represented always admitted coverage – actually, they were one of the good guys in that regard. they stood by their insureds.

    furthermore, as defense counsel I always argued for no fault coverage. OTHERWISE, IN THE Bi SUIT, SPECIAL DAMAGES AND THRESHOLD WERE NOT IN PLAY (COVERED VS NON COVERed) and thus exposed the insured to greater liability in the BI action.

    • jtlawadmin says:

      I have a personal injury lawsuit against the good-hands people. I vehemently argued that there was no no-fault coverage for the injured person and that defendant was negligent as matter of law. The Court agreed and granted PSJ as to liability and lack of thereshold. The reason for moving for lack of threshold is simple: question 1 on the jury verdict sheet now tells the jury to award damages from time of accident to date of verdict. Beats asking the jury to find that client satisfied threshold and then going to a damages inquiry.

  2. Anonymous says:

    American Independent is in trouble, as they are under common control with at least one insurer authorized to do business in New York. Now that everyone will be able to take them to arb in New York, their years of sitting back and essentially ignoring millions of dollars of claims from New York accidents are over.

Substitute IME’s – I need your help March 30, 2016

I am going on record with my personal opinion that an insurance carrier at trial or framed issue hearing should not generally be able to substitute IME doctors, with two caveats.  First, if a peer doctor relies upon an IME among other records, then under the professional reliance exception to hears