The Third DCA affirmed a jury verdict finding that an insurer underpaid a covered loss, declining the insurer’s invitation to reweigh the evidence where the insured’s unequivocal testimony provided competent substantial evidence supporting the verdict.
First Department affirms denial of vacatur of default judgment in insurance coverage dispute, finding plaintiffs failed to oppose the original motion and delayed nearly a year before seeking relief.
The Second Department affirmed convictions for first-degree arson, conspiracy, and insurance fraud arising from a restaurant fire, finding sufficient evidence that the defendant’s wife was a non-participant present during the blaze.
The Second Department vacated a $500,000 default judgment, finding the plaintiff failed to establish a serious injury under Insurance Law § 5102(d) at the damages inquest.
The Second Department reversed summary judgment for State Farm, finding triable issues as to whether the insurer paid the ‘prevailing competitive price’ for auto repairs under 11 NYCRR 216.7.
The Second Department affirmed judgment for the insurer in a direct action under Insurance Law § 3420, finding the insured’s willful failure to cooperate with the defense justified the coverage disclaimer.
Second Department reverses discovery order compelling corporate defendant to provide authorizations for nonparty owner’s BAC and purchase records, holding proper mechanism is a nonparty subpoena.
Second Department reverses and permanently stays uninsured motorist arbitration where insured failed to timely report hit-and-run accident as required by policy.