New York Insurance Defense Questions & Answers

Q: If an individual travereses on frozen water, do they do so at their own risk?

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.

I fyou are trying...

Q: Got arrested for suspended license never notified ried profusely to pay. And now I find out it's still affecting ins

1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on
Answered on May 22, 2018
Zev Goldstein's answer
Your story got cut off. Try posting the relevant parts.

Q: I think I have been in a car insurance scam.

1 Answer | Asked in Criminal Law, Insurance Defense, Consumer Law and Insurance Bad Faith for New York on
Answered on Apr 27, 2018
Michael David Siegel's answer
Report it to the New York State Attorney General ASAP.

Q: After I left the company my insurance was backdated so I was no longer covered with no offer of Cobra. What’s next?

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for New York on
Answered on Feb 17, 2018
Michael David Siegel's answer
You have a claim against your employer. For $2000 it is small claims. You can bring it yourself.

Q: Can i be fired after 10yrs working for insurance company, even tho I disclosed felony in app and when questioned by HR

3 Answers | Asked in Employment Discrimination, Employment Law and Insurance Defense for New York on
Answered on Sep 29, 2017
V. Jonas Urba's answer
Google ban the box or Fair Chance Act NYC.

Call us if you lose the job which you should not unless special circumstances.

Q: Is it legal to change someone elses doctors apointments?

1 Answer | Asked in Criminal Law, Family Law, Health Care Law and Insurance Defense for New York on
Answered on Jul 10, 2017
Ali Shahrestani, Esq.'s answer
That sounds like a HIPAA violation unless exceptions apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...

Q: Am I required by law to have disability insurance if I am the only employee and owner of my company? (an LLC)

1 Answer | Asked in Insurance Defense and Business Law for New York on
Answered on Apr 14, 2017
Ali Shahrestani, Esq.'s answer
Not typically, but in some rarefied event it might depend on what kind of industry you're in and what specific licensure rules apply to you in your profession. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...

Q: Removing son in law from Geice car insurance

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New York on
Answered on Mar 27, 2017
Ali Shahrestani, Esq.'s answer
Review your situation and insurance contract with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: I am charged personal and company both,Can I dismiss personal criminal charge?Or this should not be criminal penalty?

1 Answer | Asked in Criminal Law and Insurance Defense for New York on
Answered on Jan 23, 2017
Ali Shahrestani, Esq.'s answer
You might be able to file a motion for dismissal, but I'm not sure on what grounds you would do so. More facts are needed here. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...

Q: If a Veteran is convicted of DWI & his insurance company comes after him for reimbursement, can they seize assets

1 Answer | Asked in DUI / DWI and Insurance Defense for New York on
Answered on Jan 23, 2017
Ali Shahrestani, Esq.'s answer
It depends on the facts. Have a lawyer review your case and your insurance agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...

Q: Will I loose my car if I go to court?

1 Answer | Asked in Bankruptcy, Collections, Consumer Law, Estate Planning, Insurance Bad Faith, Insurance Defense, Lemon Law and Car Accidents for New York on
Answered on Nov 13, 2015
Adam Studnicki's answer
This isn't a car accidents question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...

Q: Does selling stand alone indemnification that assumes risk of liability constitute doing an insurance business?

1 Answer | Asked in Insurance Defense for New York on
Answered on Sep 3, 2015
Terrence H Thorgaard's answer
You are giving them a license, of which the indemnification provision is merely a part. Thus no, the license would not be a stand-alone insurance contract.

Q: My car insurance company stopped paying my medical bills after I went to an exam with their doctor. Can I appeal?

1 Answer | Asked in Insurance Defense for New York on
Answered on Apr 27, 2011
Mark A. Siesel's answer
Under New York's No-Fault provisions of the Insurance Law, you can arbitrate the decision to deny you further medical benefits. However, if you have a personal injury claim or lawsuit arising out of this accident, it is preferable that you wait until the completion of the personal injury case to arbitrate the No-Fault denial of benefits. The reason for this is that if you lose the arbitration, that decision could be used by the defendant in the personal injury case to establish that your...

Q: Is there a time limitation for filing a no-fault claim in New York State? If so, how much time do I have?

1 Answer | Asked in Insurance Defense for New York on
Answered on Apr 23, 2011
Mark A. Siesel's answer
Under the Insurance Law in New York, a no-fault claim for payment of medical bills and loss earnings suffered in a car accident must be submitted to your own auto insurance company within 30 days of an accident. If this is not done, it is likely that the no-fault claim will not be valid.

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