March 19, 2019 | New York Law Journal
Auto Insurance Complaint RankingsIn his Insurance Law column, Jonathan A. Dachs reports upon the State of New York Department of Financial Services' recently-published 2018 Automobile Insurance Complaint Ranking.
By Jonathan A. Dachs
5 minute read
January 11, 2019 | New York Law Journal
'Thrasher' Threshold Continues to ThriveIn his Insurance Law column, Jonathan A. Dachs writes: Decisions on the issue of whether the 'Thrasher' requirements for a valid noncooperation disclaimer have been met continue to abound, and to provide additional guidance for the assertion and/or refutation of the noncooperation defense.
By Jonathan A. Dachs
18 minute read
January 02, 2019 | FC&S Insurance
2018 Review of New York UM, UIM and SUM Case LawI take this opportunity to present this brief survey of recent developments in the area of uninsured motorist (UM), underinsured motorist (UIM), and supplementary…
By Jonathan A. Dachs
16 minute read
December 18, 2018 | New York Law Journal
2018 Review of UM, UIM and SUM Case LawInsurance Law columnist Jonathan A. Dachs presents a brief survey of recent developments in the area of Uninsured Motorist, Underinsured Motorist, and Supplementary Uninsured/Underinsured Motorist law. As in the past, 2018 was marked by a great deal of significant activity in this highly litigated, ever-changing and complex area of the law.
By Jonathan A. Dachs
17 minute read
August 09, 2018 | FC&S Insurance
The Applicability (Inapplicability) of New York Insurance Law §3420 to Nondomiciliary ‘Risk Retention Groups’New York Insurance Law §3420, with its several varied provisions, including, inter alia, those pertaining to direct actions against insurers to collect…
By Jonathan A. Dachs
12 minute read
August 08, 2018 | New York Law Journal
The Applicability (Inapplicability) of §3420 to Nondomiciliary 'Risk Retention Groups'New York Insurance Law §3420, with its several varied provisions, including, inter alia, those pertaining to direct actions against insurers to collect on unsatisfied judgments, notice to the insurer, disclaimers, prejudice, uninsured and underinsured motorist coverage, and interspousal liability coverage, is undoubtedly one of the most important and frequently cited and relied upon statutory provisions in insurance disputes and litigation.
By Jonathan A. Dachs
1 minute read
May 24, 2018 | FC&S Insurance
Self-Insurance and the Statute of LimitationsA recent split decision of the Court of Appeals, in Contact Chiropractic v. New York City Transit Authority, 2018 N.Y. Slip Op. 03093 (May 1, 2018),…
By Jonathan A. Dachs
14 minute read
May 15, 2018 | New York Law Journal
Self-Insurance and the Statute of LimitationsInsurance 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
By Jonathan A. Dachs
15 minute read
March 20, 2018 | New York Law Journal
The New SUM Limits LawInsurance Law columnist Jonathan A. Dachs writes: Consumers purchasing new insurance policies on June 19, 2018 should examine their policies carefully to make sure that the new beneficial SUM limits provisions are contained therein.
By Jonathan A. Dachs
6 minute read
January 16, 2018 | New York Law Journal
'Issued or Delivered' RedefinedInsurance Law columnist Jonathan A. Dachs writes: Reaction to the important decision in 'Carlson v. American International Group' has been mixed, breaking down largely along policyholder/claimant and insurer lines. It remains to be seen how this decision plays out in the future, and whether the legislature will be motivated again to make any changes to the language of Ins. L. §3420.
By Jonathan A. Dachs
12 minute read
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