UPS NOT LIABLE FOR LOSS OF PACKAGE OF RARE COINS Soomekh v. United Parcel Service Inc., NYLJ 4/05/05 (District Court, Nassau County 2005) (FAIRGRIEVE, j) ...
564
Lawrence Rogak
therogakreport
Apr 5, 2005 3:32 pm
I have been writing comedy since I was in elementary school. Funny stories, poems, and shtick -- I have file cabinets full of them. And it didn't stop after...
565
Lawrence Rogak
therogakreport
Apr 6, 2005 4:26 pm
SAME-SEX DOMESTIC PARTNER OF PLANE CRASH VICTIM IS NOT ENTITLED TO 'SURVIVING SPOUSE' DEATH BENEFITS Valentine v. American Airlines, NYLJ 4/06/05 (3d Dept...
566
Lawrence Rogak
therogakreport
Apr 8, 2005 12:25 am
DELAYED DISCOVERY OF ACTUAL TORTFEASOR DOES NOT EXTEND TIME TO SUE FOR MEDICAL MALPRACTICE Addorisio v. Schwartz, NYLJ 4/07/05 (Supreme Court, Bronx County ...
567
Lawrence Rogak
therogakreport
Apr 8, 2005 2:34 pm
INFANT'S BLOOD LEAD LEVELS BELOW 10 MICROGRAMS STILL SUPPORT A CAUSE OF ACTION Peri v. City of New York, NYLJ 4/08/05 (Supreme Court, Bronx County) (VICTOR, j)...
568
Lawrence Rogak
therogakreport
Apr 11, 2005 3:58 pm
BECAUSE TRANSIT AUTHORITY'S WEBSITE FALSELY STATED THAT "ACCESS A RIDE" WAS OPERATED BY INDEPENDENTS, PLAINTIFF IS GRANTED LEAVE TO FILE LATE NOTICE OF CLAIM ...
569
Lawrence Rogak
therogakreport
Apr 13, 2005 2:40 pm
POINTING GUNS AT LAWYER COLLECTING BEETLES WITH A KNIFE WAS NOT EXCESSIVE FORCE Zirlin v. Village of Scarsdale, NYLJ 4/13/05 (USDC - SDNY) After a trial in...
570
Lawrence Rogak
therogakreport
Apr 14, 2005 1:32 am
COURT DEVISES JURY INSTRUCTION TO DEFINE MEDICAL NECESSITY IN NO FAULT CASES Nir v. Progressive Insurance Co., NYLJ 4/14/05 (Civil Court, Kings County 2005)...
571
Lawrence Rogak
therogakreport
Apr 15, 2005 1:17 am
Just to test how fast, and when, my hundreds of readers are reading their daily ROGAK REPORT, I am making this offer, which is good today only, Friday April...
572
Lawrence Rogak
therogakreport
Apr 15, 2005 2:38 pm
Dear Readers: Once again I am having problems with AOL, with which I have the email address "InsuranceLawyer@...." If for any reason your emails to that...
573
Lawrence Rogak
therogakreport
Apr 15, 2005 7:02 pm
EVIDENCE THAT PLAINTIFF MAY HAVE FALLEN FROM LADDER DUE TO ALCOHOL CONSUMPTION RAISES QUESTION OF FACT AS TO LIABILITY Symonds v. 1114 Avenue of the Americas...
574
Lawrence Rogak
therogakreport
Apr 19, 2005 2:02 pm
EMERGENCY DOCTRINE RELIEVES DRIVER OF LIABILITY WHERE OTHER VEHICLE CROSSES OVER MEDIAN FROM SERVICE ROAD AND STRIKES CAR ON MAIN ROAD Raza v. Raza, NYLJ...
575
Lawrence Rogak
therogakreport
Apr 20, 2005 2:29 pm
INSURER MAY SUE ITS DEFENSE COUNSEL FOR MALPRACTICE OR SUBROGATION, BUT NOT BOTH Harleysville Worcester Insurance Co. v. Hurwitz, NYLJ 4/20/05 (USDC - SDNY)...
576
Lawrence Rogak
therogakreport
Apr 21, 2005 3:08 pm
PETITION TO VACATE ARBITRATION AWARD MUST BE SERVED ON ADVERSE PARTY, NOT ITS ATTORNEY Queens Community Medical Centers v. Eveready Insurance Co., NYLJ 4/21/05...
577
Lawrence Rogak
therogakreport
Apr 22, 2005 2:52 pm
INSURER'S SIU FAILS TO CONVINCE COURT THAT ACCIDENT WAS STAGED JSI Expert Service v. Liberty Mutual Ins. Co., NYLJ 4/22/05 (Civil Court, Kings County 2005)...
578
Lawrence Rogak
therogakreport
Apr 22, 2005 9:24 pm
[Note to readers: This is one of my rants. "Rant" is a very "now" word, born of the Internet, that means "strongly opinionated editorial." It has nothing to...
579
Lawrence Rogak
therogakreport
Apr 23, 2005 12:08 am
ONCE PLAINTIFF CHOOSES ARBITRATION FOR NO-FAULT BENEFITS, HE CANNOT SUE FOR ANY BILLS ARISING OUT OF SAME ACCIDENT Ray Cortez v. Countrywide Insurance Co.,...
580
Lawrence Rogak
therogakreport
Apr 25, 2005 4:13 am
Connecticut Car Rental Firm Hit With Judgment For "Creative" Overcharging A Connecticut car rental company that ran into trouble for using a global positioning...
581
Lawrence Rogak
therogakreport
Apr 25, 2005 4:35 am
N.J. Doc, Niece Keep Insurance Fraud a Family Matter Vaughn McKoy, New Jersey director, Division of Criminal Justice, announced that an Essex County doctor and...
582
Lawrence Rogak
therogakreport
Apr 25, 2005 4:36 pm
NEITHER WATER HEATER MANUFACTURER NOR THERMOSTAT MAKER ARE LIABLE FOR BURNS CAUSED BY IMPROPER INSTALLATION Cleary v. Reliance Fuel Oil Associates, Inc., Bock...
583
Lawrence Rogak
therogakreport
Apr 26, 2005 2:21 am
Pet Peeve: Insurance Industry Should Let Sleeping Dogs Lie and Worry About Cat Losses By Raleigh Doodle, April 18, 2005 (Reprinted from InsuranceJournal.com) I...
584
Lawrence Rogak
therogakreport
Apr 26, 2005 2:13 pm
IF NO-FAULT PLAINTIFF DOES NOT COMMENCE SUIT OR ARB WITHIN 30 DAYS OF DENIAL, INTEREST RUNS ONLY FROM DATE OF COMMENCEMENT Mandarino v. Geico Casualty Ins....
585
Lawrence Rogak
therogakreport
Apr 27, 2005 3:09 pm
OUT OF POSSESSION LANDLORD MAY STILL BE LIABLE FOR NEGLIGENT TRAP DOOR DESIGN Koullias v. Farm, NYLJ 4/27/05 (Supreme Court, Kings County) (KRAMER, j) ...
586
Lawrence Rogak
therogakreport
Apr 28, 2005 3:40 pm
B.I. PLAINTIFF MUST GIVE DEPOSITION REGARDING HIS IMMIGRATION STATUS Bakhtadze v. Riddle, NYLJ 4/28/05 (Supreme Court, Richmond County) (GIGANTE, j) In this...
587
Lawrence Rogak
therogakreport
May 2, 2005 10:24 pm
WHEN NO-FAULT INSURER'S DENIAL IS LATE, ARBITRATOR CANNOT REFUSE AWARD DUE TO LACK OF MEDICAL NECESSITY T.S. Medical P.C. v. Country Wide Ins. Co., NYLJ...
588
Lawrence Rogak
therogakreport
May 3, 2005 4:03 pm
PLAINTIFF HAS NO STANDING TO BRING DJ ACTION AGAINST DEFENDANT'S INSURER UNTIL AFTER HE OBTAINS A JUDGMENT AGAINST DEFENDANT Murphy v. Federal Insurance Co.,...
589
Lawrence Rogak
therogakreport
May 3, 2005 9:38 pm
[The following is another Rogak Rant which has nothing to do with insurance or law. According to a poll I ran on this website, the majority of you like to...
590
Lawrence Rogak
therogakreport
May 4, 2005 6:32 pm
HOME HEALTH ATTENDANT MAY BE LIABLE FOR PATIENT'S SIDEWALK FALL WHICH OCCURRED WHILE ATTENDANT WAS NOT PRESENT Lozada v. Arco Management Corp., NYLJ 5/04/05...
591
Lawrence Rogak
therogakreport
May 6, 2005 12:46 am
WE GET PLAINTIFF'S ATTORNEY DISQUALIFIED FOR REPRESENTING DRIVER AND PASSENGER, AND HE DOESN'T EVEN GET A FEE Ponomarev v. Oates et al., Supreme Court, Bronx...
592
TED HUENKE
thuenke
May 6, 2005 2:07 pm
As long as music does not emphasize the guitar as the prime melody maker of the music, it is not rock and roll. Ted Huenke Larry Rogak responds: That's an...