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April 05, 2024 | New Jersey Law Journal

'Trap for Unguarded Consumer': Appellate Ruling Finds UIM Step-Down Provision Was Unclear

The ruling, which denied Wausau Underwriters Insurance Co.'s motion for reconsideration, waded into a novel question of insurance law regarding coverage for a vehicle with an alternate garaging address than what's listed on the policy.
5 minute read
April 04, 2024 | The Legal Intelligencer

Prophylactic Affirmative Defenses: Doing More Harm Than Good?

While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
7 minute read
Appellate Division, Second Department: March 29, 2024
Publication Date: 2024-03-29
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Motion List & Order on Application released on:March 27, 2024

Community Medical Imaging P.C. v. American Transit Insurance Company
Publication Date: 2024-03-27
Practice Area: Insurance Law
Industry:
Court: Supreme Court, Kings
Judge: Justice Aaron D. Maslow
Attorneys:
For plaintiff: For Petitioner: Naomi Cohn of counsel, Ursulova Law Offices, P.C., Brooklyn.
For defendant:
Case number: 500379/2024

Court Finds Late Mailing of Arbitration Result Not Grounds For Vacatur

New York Marine and General Insurance Company v. Kookmin Best Insurance Company
Publication Date: 2024-03-25
Practice Area: Insurance Litigation
Industry:
Court: Supreme Court, New York
Judge: Justice Dakota D. Ramseur
Attorneys:
For plaintiff:
For defendant:
Case number: 653300/2019

Insurer That Did Not Receive Notice of Accident May Retroactively Cancel Contract

Appellate Division, First Department: March 21, 2024
Publication Date: 2024-03-21
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:March 19, 2024

State Farm Fire & Casualty Co. v. Moving & Storage, Inc.
Publication Date: 2024-03-18
Practice Area: Real Estate
Industry:
Court: Supreme Court, Bronx
Judge: Justice Veronica G. Hummel
Attorneys:
For plaintiff:
For defendant:
Case number: 805366/2021e

Fire Investigators Inspection Insufficient to Shift Burden Concerning Subrogation Claim

Jill G. Meissner v. Ridge Construction Corporation, et al.
Publication Date: 2024-03-16
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Fourth Department
Judge: Unsigned Smith, J.P., Bannister, Ogden, Greenwood, and Delconte, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 0869

Jill G. Meissner v. Ridge Construction Corporation, et al.

March 15, 2024 | New York Law Journal

CPLR 5511: Relief to Nonparties, to a Nonappealing Child

This article discusses 'Johnson v. Johnson', which remedied such a concern even though the attorney for the child did not appeal from the order, as well as an understanding of aggrievement, CPLR 551, as it relates to nonparties and to nonappealing parties is instructive.
13 minute read
Appellate Division, Second Department: March 15, 2024
Publication Date: 2024-03-15
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:March 13, 2024

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