Coverage Counsel

Recent Posts from Coverage Counsel

• Provider that Ignored Verification Requests Estopped from Arguing that Insurer's Premature Follow-Up Verifcation Request Precludes Any Defenses

  NO-FAULT – TIMING OF FOLLOW-UP VERIFICATION – INSURANCE LAW § 5106(A) – 11 NYCRR § 65-3.6(B) Infinity Health Prods., Ltd. v. Eveready Ins. Co. (2nd Dept., decided 11/17/2009) This is for you half-a-loaf folks. The…

• Trial Court Did Not Abuse Its Discretion in Excluding Reference to Defendant's Expert's Stock Ownership in Defendant's Liability Insurer

  EVIDENCE OF DEFENDANT'S LIABILITY INSURANCE – PROBATIVE VS. PREJUDICIAL VALUE Salm v. Moses (Ct. Apps., decided 10/22/2009) Hat tip to Gregory McGoldrick over at McGoldrick's New York State Civil Evidence for spotting and blogging this…

• Live Tweeting of the NYACT Insurance Claims & SIU Personnel Conference on November 17th & 18th

  For those of you who wanted but are unable to attend the NYACT 2-Day Education Conference for Insurance Claims and SIU Personnel in Smithtown, Long Island tomorrow and Wednesday, I'll be live microblogging the conference…

• Fourth Department Rejects Attorneys' Fees Claim for Defending Insurer's Appeal -- Not So Mighty Midgets

  EMPLOYER'S LIABILITY – RIGHT TO INDEPENDENT COUNSEL – ATTORNEYS' FEES Thomas Johnson, Inc. v. State Ins. Fund (4th Dept., decided 11/13/2009) Since at least 1979, the New York rule regarding the recoverability of attorneys' fees…

• First Department Upholds Primary Insurer's Coverage Denial Based on Designated Ongoing Operations/Construction Exclusion

  CGL – COINSURANCE – EXCESS VS. PRIMARY – CONSTRUCTION EXCLUSION – INSURANCE LAW § 3420(D) American Guar. & Liab. Ins. Co. v. State Natl. Ins. Co., Inc. (1st Dept., decided 11/12/2009) State National Insurance Company…

• New York State Legislature Passes New Anti-Subrogation Law

  On November 10, 2009, both the New York State Senate and Assembly passed Senate Bill S66002, as substituted for Assembly Bill A40002.  The bill was delivered to Governor Paterson and is expected to be signed.…

• Second Department Appellate Division Grants Progressive Insurance Company Leave to Appeal in Alur Medical Supply

  Hat tip to Dave Gottlieb, hat tipping Damin Toell.  On November 5, 2009, the Appellate Division, Second Department, granted the unopposed motion of Progressive Insurance Company for leave to appeal the Appellate Term, Second Department's…

• Permanent Stay of Uninsured Motorists Coverage Claim Arbitration Granted -- Liability Coverage for Leased Trailer Found to Apply to Tractor

  UM – AUTO – GRAVES AMENDMENT – TRACTOR TRAILER LIABILITY – VEHICLE & TRAFFIC LAW § 388 Matter of State Farm Mut. Auto. Ins. Co. v. Morales (Sup. Ct., Nassau Co., decided 10/22/2009) State Farm's…

• New York's Prescribed No-Fault Claim Forms

  The New York State Insurance Department's website provides access to an electronic copy of Regulation 68 (11 NYCRR Part 65), and that page address includes a link to Reg 68's appendix, which is a complete…

• Conducting Difficult EUOs

  I'll be on Long Island next week Tuesday and Wednesday for NYACT's 2-Day Education Conference for Insurance Claims and SIU Personnel.  I'm speaking on Wednesday morning, November 18th, on Conducting Difficult EUOs.  My three-hour presentation…