By Abdul Somad Selasa, 28 Juli 2020 Auto CPLR 3211(a)(1) Declaratory Judgment Motion to Dismiss Non-Owned Auto Non-Owned Car Temporary Substitute Auto Temporary Substitute Car No, You May Not Be Excused... Court Denies Insurer's 3211(a)(1)-Based Pre-Answer Motion to Dismiss Declaratory Judgment Action PERSONAL AUTO – TEMPORARY SUBSTITUTE AUTO – NON-OWNED AUTO – DECLARATORY JUDGMENT ACTION – MOTION TO DISMISS Bonavita v. Government Empl...
By Abdul Somad Senin, 20 Juli 2020 Application Misrepresentation EUO No-Show Defense Faulty Workmanship Fraud Fraudulent Incorporation Intentional Act Mallela No-Fault Proof of Loss Property Rescission Staged Incident NYSSIU Legal Update 2019-2020 Edition LEGAL UPDATE I have been privileged since incorporating the New York State Chapter of Special Investigation Units (NYSSIU) in 1997 to serv...
By Abdul Somad Juli 20, 2020 Code Upgrades Homeowners Non-Jury Trial Property $7,332.02 a Day -- Bench-Trying a First-Party Property Coverage Dispute Ever wonder how the non-jury trial of a first-party property coverage dispute plays out in court? Wonder no more. Christine Wagner's si...
By Abdul Somad Juli 20, 2020 LinkedIn Poll Results on Disclosing Adjuster and Engineer Reports On July 8th I blogged about this question: Is a New York Property Insurer Obligated to Disclose Copies of Its Adjuster and Expert Reports Pr...
By Abdul Somad Rabu, 08 Juli 2020 Discovery Expert Proof Insurance Law § 3407-a Is a New York Property Insurer Obligated to Disclose Copies of Its Adjuster and Expert Reports Prior to Litigation? Client's Question: Are we required to provide a copy of our expert’s report to an insured when we send formal denial or after if they re...
By Abdul Somad Senin, 06 Juli 2020 COVID-19 When Did the New York Courts Reopen? A client asked me today when the New York courts “reopened” from their COVID-19 shutdown. After speaking with that client I determined he wa...
By Abdul Somad Juli 06, 2020 Contractual Suit Limitations Period COVID-19 Statute of Limitations For Whom the New York Prescribed Procedural Limitations Period Tolls -- New York Executive Order 202.48 Just shy of 9:00 PM tonight (July 6, 2020), someone using a Ricoh IM C6000 (show Document Properties ) scanned Governor Andrew Cuomo'...