Legal Articles, Insurance

NO FAULT INSURANCE IN NEW YORK STATE

No-Fault benefits are mandatory for all N.Y.State motor vehicle insurance policies as part of NYS minimal insurance requirements, provided by all insurers and self-insurers of motor vehicles.

Bifurcation of First-Party Auto Claims in New Mexico

A motion to bifurcate is often the first line of defense in a litigated first-party insurance claim. The Defendant carrier contends bifurcation streamlines discovery and disposes of “extra-contractual” issues without having to use the court’s time and resources. In truth, however, by moving to bifurcate, the first-party insurance is trying to accomplish two major goals: 1) prevent discovery of harmful and/or “proprietary” business and/or claims file information that the insurance company knows will support an insured’s bad faith and extra-contractual claims; and 2) delay addressing the extra contractual claims by creating another hurdle for the insured to clear, i.e. a discovery and trial on the damages before allowing a discovery or trial on the merits of the extra-contractual first-party claims. The individual facts and circumstances of the case that warrant non-bifurcation should be emphasized with the court. Plaintiff should emphasize facts which could permit recovery on extracontractual claims regardless of whether or Plaintiff can prevail on the contractual claim. Plaintiff should emphasize arguments that the extra-contractual issues will have to be resolved regardless of the number of trials or the order of discovery, so in the interest of judicial efficiency, bifurcation would not be appropriate.

Insurance Coverage For Business Interruption Due to Coronavirus

Do you have coverage for lost business under your general liability policy's business interruption provisions?

Basic SEC Rules for Startup Companies

Starting a Company? Don't solicit investments until you consult an attorney regarding the Securities and Exchange Commission (SEC) and State Registration Rules regarding soliciting and receiving investments.

The Notice-Prejudice Rule

This article describes the relation between, late notice, the notice prejudice rule and the different types of policies issued by insurance companies such as: claims made; claims made and reported; and occurrence.

James T. Flynn-Former VOYA Financial Broker-Subject of Numerous Customer Suits Involving REITs-Greenville, SC

We recently filed several FINRA arbitrations for customers of former VOYA Financial financial advisor James T. Flynn of Greenville, S. Carolina.

Dexter L. Thomas Investigation March 2019 Update-Dallas, TX

We are representing a large group of former clients of now decease, former financial advisor, Dexter Thomas of Dallas, Texas.

NEVER SETTLE FOR LESS: MULTIPLE INSURANCE POLICIES MAY COVER YOUR ACCIDENT

Has the other driver's insurance company offered to pay you policy limits? DO NOT SETTLE until you learn what other coverages may apply.

FLORIDA COURTS DISAGREE ABOUT ENFORCEABILITY OF INSURANCE ASSIGNMENT OF BENEFITS

Last year the Florida Fifth District Court of Appeals rejected an argument by the insurance company that not having the mortgage-holder sign an assignment of benefits made it unenforceable.

FILING AN INSURANCE CLAIM FOR HURRICANE MICHAEL DAMAGE

It is astonishing to see how quickly storm surge and 155 mph winds from Hurricane Michael can damage buildings and structures.

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