New York Law Journal | Analysis
By Seth Weinberg | July 3, 2018
In order for plaintiffs to recover for noneconomic losses as a result of a car accident, they must prove that they suffered a “serious injury” as defined by Insurance Law Section 5102 (see Insurance Law Section 5104 [a]). In many cases, the parties' experts have conflicting opinions on this issue.
New York Law Journal | Analysis
By David M. Barshay | June 13, 2018
In this No-Fault Insurance Wrap-Up, David M. Barshay explains the statute of limitations for an action to recover no-fault insurance benefits against a self-insured. He also looks at motions to sever purportedly unrelated claims.
New York Law Journal | Analysis
By Jonathan A. Dachs | May 15, 2018
Insurance Law columnist Jonathan A. Dachs writes: A recent split decision of the Court of Appeals has answered an interesting question regarding whether the six-year statute of limitations under CPLR 213(2) or the three-year statute of limitations under CPLR 214(2) is applicable to a dispute with respect to the payment of no-fault (PIP) benefits by a self-insurer, and, in so doing, has raised several questions still to be answered
New York Law Journal | Analysis
By Henry R. Guindi | March 29, 2018
Currently, there is a pending case waiting to be heard in the Appellate Division, Second Department, which can alter how cases are currently decided, but even more significantly, it can impact the way insurance companies do business.
New York Law Journal | In Brief|News
By The Associated Press | February 21, 2018
Authorities previously said that a state trooper clocked Pirro's Cadillac going 119 mph on Route 17 in Nichols, New York, on Nov. 19.
New York Law Journal | Analysis
By David M. Barshay | February 8, 2018
In his No-Fault Insurance Law Wrap-Up, David M. Barshay analyzes two cases, one tackling issues with questions at an examination under oath, and another presenting a scenario wherein a non-moving party not only failed to oppose a motion, but apparently agreed to the order granting the motion.
New York Law Journal | In Brief|News
By The Associated Press | February 1, 2018
Suffolk County has agreed to pay $1.5 million to settle a lawsuit over the death of a 17-year-old girl who was killed in a car crash involving two police officers nearly a decade ago.
New York Law Journal | Analysis
By Dan D. Kohane | December 22, 2017
Dan D. Kohane writes: On Nov. 20, 2017, New York's highest court dramatically expanded the breadth of New York Insurance Law §3420.
By Charles Toutant | November 21, 2017
The city and state of New York were served with notices of claim on Tuesday over the Oct. 31 truck attack on a bike path along the Hudson River, which killed eight people and injured 12.
By Andrea M. Alonso and Kenneth E. Pitcoff | October 2, 2017
Andrea M. Alonso and Kenneth E. Pitcoff writes: The Court of Appeals has not revisited the area of the determination of what constitutes a "serious injury" as defined in Insurance Law §5102(d) since 2011, but some noteworthy cases have been handed down by the Appellate Divisions clarifying the definition of "serious injury."
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