Monthly Archives April 2015

New York Appellate Court Enforces Insured’s Duty to Submit to Examination Under Oath

Metro Psychological Servs., P.C. v. 21st Century N. Am. Ins. Co., 2015 NY Slip Op 50470, decided April 7, 2015, involved an action by a provider to recover assigned first-party no-fault benefits. The defendant insurer moved for summary judgment on the grounds that it timely denied plaintiff’s claim based on its failure to appear at a scheduled examination under oath (EUO). The insurer presented evidence that it mailed the EUO scheduling letters, the date, place and time of the EUOs were not unreasonable and that plaintiff failed to appear. Plaintiff opposed the motion on the grounds that there was no
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New York Court Denies Defendant’s Motion for Suimmary Judgement Because They Failed to Establish Lack of Notice of Defective Golf Path

In Valverde v. Great Expectations, LLC, the New York Appellate Division, First Department denied summary judgment to defendants for failing to make a prima facie showing that they neither created nor had actual or constructive notice of an allegedly defective golf course path. Ms. Valverde, a passenger in a golf cart, was injured when she was thrown from the golf cart while on a golf course owned by Great Expectations. Defendants filed summary judgment seeking a dismissal of Ms. Valverde’s claim. In support, they offered expert testimony regarding the non-defective condition of the path. However, because defendants’ expert did not
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New Jersey Trial Court Rejects Application of “Continuous Trigger” Theory to Construction Defect Claim That Manifested Before Policy Period

​The Superior Court, Law Division, of Hudson County, New Jersey has held that a claimant is not entitled to seek coverage under a liability insurance policy pursuant to a “continuous trigger” theory for damage that occurred prior to the policy period. Cypress Point Condominium Ass’n v. Selective Way Ins. Co. concerns a lawsuit filed against numerous contractors involved in the construction of a condominium complex. The lawsuit contended that water infiltration occurred at the windows of condominium units. One of the contractors procured insurance with the defendant insurer in between the time the contractor had been named in an amended
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