When 5 + 3 = 1

COMMERCIAL PACKAGE POLICY  – EMPLOYEE DISHONESTY COVERAGE  – NUMBER OF OCCURRENCES   – ANTI-STACKING PROVISION   Dan Tait, Inc. v. Farm Fam...

Words Matter -- a Notice of Storage Lien That Lacks the Word "Lien" Is Invalid

AUTO  – TOWING/STORAGE CHARGES  – STORAGE  LIEN  – LIEN LAW § 184(5)   Matter of Nissan Motor Acceptance Corp. v All County Towing (3rd Dep...

Injured Party/Judgment Creditor Who Obtains Assignment of Insureds' Bad Faith Claim After Conclusion of Direct Action May Bring Second Action Against Liability Insurer

HOMEOWNERS  – LIABILITY – EXCESS JUDGMENT  – STANDING  –  BAD FAITH  – INSURANCE LAW 3420(A)(2) & (B)(1)   Corle v. Allstate Ins. Co. (4...

May a New York Property Insurer Communicate Directly with Its Insured Who Is Represented by a Public Adjuster?

This was yesterday's question of the day, one I'm asked from time to time.  Each time I get this question I check New York's ins...

That's Incredible! (as a Matter of Law)

HOMEOWNERS – PROOF OF LOSS CONDITION – SUMMARY JUDGMENT  Finley v. Erie and Niagara Ins. Assn. (4th Dept., 6/15/2018) Russell Finley's h...

How to Abandon Your Complaint in New York (and Kiss Your $22,000 Subro Claim Goodbye)

SUBROGATION  – CPLR § 3215(C) – DEFAULT PROCEEDINGS NOT TAKEN WITHIN ONE YEAR  Selective Auto. Ins. Co. of NJ a/s/o Pine v. Nesbitt (1st Dep...

Summary Judgment to Homeowners Insurer on Insured's Failure to Reasonable Care to Maintain Heat Affirmed By Third Department

HOMEOWNERS   – FREEZING EXCLUSION  – REASONABLE CARE TO MAINTAIN HEAT  Stephenson v. Allstate Indem. Co. (3rd Dept., 4/19/2018) The insured ...