March 21, 2014
Westlaw Topical Highlights for Insurance provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting Insurance law. A Westlaw subscription is required to access the documents linked from this page.
Liability: Irrebuttable presumption of prejudice to insurer from insured’s late notice of claim did not apply. Castillo v. Prince Plaza, LLC, 2014 WL 815242 (N.Y.Sup.) In a matter of first impression, under New York’s Insurance Law, the irrebuttable presumption of prejudice to an insurer from an insured’s late notice of a claim does not apply where a default judgment against the insured is entered prior to notice of the claim but vacated after notice. Thus, although a default judgment had been entered against the insured on a claim arising from injuries to a contractor’s employee performing construction work on the insured’s premises, the insured’s late notice of claim did not trigger the irrebuttable presumption of prejudice to the insurer. The default judgment was entered prior to the insured providing notice of the claim but was vacated after notice, so the insurer would have an opportunity to defend against the claim. 2014 WL 815242 (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Automobile: In action to recover first-party no-fault benefits, out-of-state automobile insurer was not subject to personal jurisdiction. Flatlands Medical, P.C. v. AAA Ins. 2014 WL 804266 (N.Y.Sup.App.Term)
Automobile: In action to recover assigned no-fault benefits, insurer lacked articulable need for medical provider’s deposition. Ralph Medical Diagnostics, PC v. Mercury Cas. Co. 2014 WL 887358 (N.Y.Sup.App.Term)
Arbitration and Appraisal: Timeliness of demand for arbitration was for court, not arbitrator, to determine. ROM Reinsurance Management Co., Inc. v. Continental Ins. Co., Inc. 2014 WL 928345 (N.Y.A.D. 1 Dept.)
Accident: Medical provider was precluded from collecting on claim because of exhaustion of personal injury protection benefits. Northwoods Sports Medicine and Physical Rehabilitation, Inc. v. State Farm Mut. Auto. Ins. Co. 2014 WL 837091 (Fla.App. 4 Dist.)
Bad Faith and Unfair Practices: Automobile insurer’s “Good Neighbor” slogan was not a statement of material fact that could be basis for fraud claim. Broadway v. State Farm Mut. Auto. Ins. Co. 2014 WL 1044131 (M.D.Ala.)