Declaratory Judgment Granted on Default Serves as Res Judicata of Previously Commenced Provider Recovery Claim

NO-FAULT  – DECLARATORY JUDGMENT  – DEFAULT  JUDGMENT  –  RES JUDICATA Daily Med. Equip. Distrib. Ctr., Inc. v. American Tr. Ins. Co. (App. ...

"Not It" Affidavit Sufficient to Merit Summary Judgment on Lack of Coverage Defense

NO-FAULT  – LACK OF COVERAGE DEFENSE New Way Med. Supply Corp. v. Dollar Rent A Car (App. Term, 2nd Dept., decided 12/8/2015) In support of ...

'Twas The Risky Night Before Christmas -- How an Insurance Professional Reads the Classic (Reprised)

[Those of you who have been reading this blog for at least the past five years will recognize this.  Reprised for our more recent and curren...

86-Day Delayed Notice of an Approximately $200,000 Claimed Theft Loss Found Inexcusable as a Matter of Law

PROPERTY  – RENTERS POLICY  –  PERSONAL ARTICLES POLICY  – THEFT  – LATE NOTICE   – LATE NOTICE EXCUSES  –  PREJUDICE Minasian v. IDS Prop. ...

Provider's Fee Splitting With Billing Company Does Not Constitute a Defense to Provider's No-Fault Claim for Payment

NO-FAULT – PROVIDER FEE SPLITTING WITH BILLING COMPANY  – SPECIAL PROCEEDING TO VACATE MASTER ARBITRATION AWARD  – LICENSING REQUIREMENTS   ...

Primary vs. Umbrella -- No Duty, No Standing, No Suit

PERSONAL AUTO  – PRIMARY POLICY  – UMBRELLA POLICY  – STANDING   – EQUITABLE SUBROGATION  – VOLUNTARY PAYMENT Government Employees Ins. Co. ...