Torts, Insurance and Compensation Law Weblog

Our very own Ken Krajewski has recently posted some valuable information on "serious injury" and case law concerning automobile liability on TICL's Webpage. You can find those documents posts under "Committee Web Pages" ---> "Automobile Liability."

These are the new documents:

Serious Injury In SUM Claims;
Serious Injury Threshold Sept. 2007; and
CPLR 5002/Serious Injury Threshold.

TICL's Spring Meeting will be held at the historic Del Coronado Hotel April 10-13, 2008.

As with all TICL events, the presentations will be top-notch. You will learn from insurance executives from Bermuda and New York on what is important to them in claims resolution. An esteemed judiciary panel will teach you about summary jury trials. Speakers will discuss whether New York will remain a "no-prejudice" state when it comes to notice under an insurance policy. You will hear from a national e-discovery expert and author, John Iszaza.

If you are new to TICL, there will be executive committee members specifically committed to introducing you to other committee members, speakers, and attendees.

To download and view a copy of meeting program, click here. To download and view a copy of the registration form, click here. To download and view a copy of the hotel registration form, click here. See the many attractions the San Diego has to offer to you and your family, click here.

You are invited to view the Torts Insurance & Compensation Law Section in action. On October 7th, the Section's Executive Committee will hold its quarterly meeting at the New York Bar Center. The first hour of this meeting will be broadcast over the internet and available for viewing at www.nysba.org/TICLWebcast. To view the webcast, simply access the link above on the day of the meeting and follow the directions on the screen.

Among the items on the agenda will be the Section's consideration and proposal of legislation to amend Insurance Law 3420(d). Also known as the disclaimer statute, the Executive Committee will examine whether it should require a policyholder or claimant show prejudice when an insurer's disclaimer is late, but otherwise valid. The Executive Committee will also address adoption of a strategic plan, and upcoming Section events.

This will be the first webcast by any NYSBA Section of one of its events. Our goal is to allow our members to view how the Section works, and afford to become more involved.

TO: All Law School Career Center Staff

FROM: Dan Gerber, Chair of the Torts, Insurance & Compensation Law Section - New York State Bar Association

Please be advised that the Torts, Insurance & Compensation Law Section of the New York State Bar Association (NYSBA) is sponsoring a Law Student article writing contest for the Torts, Insurance & Compensation Law Journal. The winner of this contest will have his/her article printed in the Torts, Insurance & Compensation Law Journal and win $250, plus a free admission to the NYSBA annual meeting in January.

The subject of the article must be about recent changes to New York Insurance Law § 3420 and how the other states across the country apply the issue of prejudice to insurance companies who seek to disclaim coverage for late notice of claims. On July 21, 2008, New York Governor David Paterson signed into law Chapter 388 of the Laws of New York 2008. This legislation contains amendments to §3420 of New York's Insurance Law and §3001 of the New York Civil Practice Law and Rules that, among other things, changes New York law on late notice of insurance claims from a “no prejudice” standard to a standard which requires insurance companies to show prejudice. The article should contemplate what will constitute prejudice in New York.

The deadline for entries is November 30, 2008. All submissions are to be sent in Microsoft Word via e-mail to either Paul Edelman at pedelman@kreindler.com or David Glazer at DGlazer@shaferglazer.com.

Thank you for you assistance. If you have any questions, please feel free to contact Paul Edelman or David Glazer at the email addresses listed above.