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Summary judgment for defendants where injuries were not causally related to accident

February 26, 2020

Ogando, et al. v. National Freight, Inc., et al., 309337/2012 (Sup.Ct. Bronx Cty. May 30, 2017) A Bronx court dismissed a Complaint pursuant to Insurance Law section 5102(d), finding that neither of the two plaintiffs who were allegedly injured in the subject automobile accident had sustained a “serious injury” under the categories of permanent loss,…

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Injuries possibly severe, but not shown to have causal link to auto accident; plaintiff failed to meet serious injury threshold and Court grants defendants summary judgment

February 26, 2020

Thompson v. Bronx Merchant Funding Services, LLC, et al., 23050/2012E (Sup. Ct. Bronx Cty. July 6, 2017) In an important decision granting summary judgment to defendants in an auto accident personal injury action, a Bronx court found that plaintiff’s medical evidence, though showing severe injuries, did not sufficiently establish their connection to the subject accident…

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Change of Venue motion relocates Bronx auto case

February 26, 2020

A Bronx County court found that the plaintiff had selected an improper venue for the subject motor vehicle accident case, and granted defendant’s motion to change venue from Bronx County to Nassau County. The court also denied plaintiff’s motion for consolidation and joint trial of the action with a pending action in Queens County. Plaintiff…

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Second Circuit Court of Appeals affirms dismissal of radiologist’s claims against insurance fraud investigator for Bivens and Federal Tort Claims Act claims

February 26, 2020

Shapiro v. Goldman, No. 16-3097-CV, 2017 WL 3635517 (2d Cir. Aug. 24, 2017) Citing a “thorough opinion of the district court”, the United States Court of Appeals for the Second Circuit affirmed a judgment dismissing claims against an insurance industry trade association. Plaintiff is a radiologist named in a federal indictment alleging a conspiracy to…

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PLRB Large Loss Conference features Abrams Gorelick presentation on Construction Defect Claims

February 26, 2020

Abrams Gorelick partner Thomas R. Maeglin was a co-presenter in a program on construction defect claims entitled “The Water Intrusion Claim that Ate New Jersey” at the Large Loss Conference presented by the Property and Liability Resource Bureau in Fort Worth, Texas on November 16th and 17th. The workshop addressed large-scale construction defect claims with…

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Summary judgment for defendants where injuries were not causally related to accident

February 26, 2020

Ogando, et al. v. National Freight, Inc., et al., 309337/2012 (Sup.Ct. Bronx Cty. May 30, 2017) A Bronx court dismissed a Complaint pursuant to Insurance Law section 5102(d), finding that neither of the two plaintiffs who were allegedly injured in the subject automobile accident had sustained a “serious injury” under the categories of permanent loss,…

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Condominium master policy does not cover damage to individual owners’ units; Court grants summary judgment to defendant insurer

February 26, 2020

New Jersey Manufacturers Ins. Co. v. Hamilton Specialty Ins Co, et al., MER-L-18-17 (Sup.Ct. Mercer Cty. Aug. 28, 2017) How is one to know whether a condominium association’s policy provides coverage for individual units, and not just the common elements that are owned in common by all the unit owners? A New Jersey motion court…

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Helpful Hints for Determining Causation for Storm Damage Under Florida Law

February 26, 2020

by Glenn A. Jacobson, Esq & Mark I. Binsky, Esq In the aftermath of Hurricane Harvey, property claims professionals are or shortly will be overwhelmed with building claims arising from Hurricane Irma. In many instances, it will be difficult to determine whether the damages are covered or excluded under Florida law. As we saw with…

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“Arising out of” and “caused by” endorsements both apply and both additional insured policies provide primary coverage; Additional insured coverage owed by defendant insurers for Labor Law matter

February 26, 2020

Church Mut. Ins. Co. v. Endurance American Specialty Ins. Co., 2017 WL 2335770 (Sup.Ct. N.Y. Cty. May 18, 2017) Click on this link to view additional information in pdf format Insurers of a contractor and its subcontractor must defend a building owner as an additional insured in an underlying personal injury action and reimburse the…

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Motion for Stay of Arbitration denied based upon lack of jurisdiction and lack of coverage

February 26, 2020

In the Matter of the Application of Travelers Home and Marine Insurance Company, Index No. 613290/2017 (Sup. Ct. Nassau Cty. April 19, 2018) The Abrams Gorelick Motor Vehicle Liability team defeated a motion in the Supreme Court, Nassau County, for a stay of arbitration proceedings. The Court denied plaintiffs’ motion based on both lack of…

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