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FIRM NEWS | Summer 2017 E-Newsletter |
| Montfort, Healy Successfully Moves to Stay SUM Arbitration Under the Terms of a Commercial Auto Policy | ||
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Montfort, Healy was successful in arguing to stay a supplementary underinsured motorist (SUM) coverage arbitration. The insured vehicle in this case was owned by a corporation. The president and sole shareholder of the corporation was injured in a two-car collision while a passenger in another vehicle owned and operated by a colleague. He claimed that, when the accident happened, he was being driven to a dinner meeting where he intended to discuss one of his corporation's computer projects. After settling with the carrier for the adverse vehicle, he demanded SUM arbitration with the insurer of the vehicle owned by his corporation. Montfort, Healy, in representing the corporation's insurance carrier, moved to stay arbitration on the ground that the president of the corporation did not qualify as an insured under the terms of its policy. |
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| Montfort, Healy Successful in Arguing Motor Vehicle Accident | ||
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Montfort, Healy was successful in arguing that a jury's verdict rendered in a motor vehicle accident case should stand. The plaintiff alleged that she sustained serious injuries as a result of a motor vehicle accident. The jury returned a unanimous verdict finding that the motor vehicle accident was not a substantial factor in causing her alleged injuries. |
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| Montfort, Healy Successfully Dismisses Complaint on Appeal | ||
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Montfort, Healy was successful in the appeal of a 2016 Queens County Supreme Court decision. The case involved a 2007 motor vehicle accident that injured one plaintiff and led to the death of another. The action was commenced in August 2010, and the defendant was properly served in December of that year. Following service, the defendant did not answer or appear in the action. The plaintiffs did not seek a default judgment. |
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| Montfort, Healy Successfully Argues that a Bar is Not Entitled to Summary Judgment under the Dram Shop Act | ||
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Montfort, Healy was successful in arguing that a bar was not entitled to summary judgment under General Obligations Law § 11-101, commonly known as the Dram Shop Act. The firm represented the driver of a vehicle that overturned and seriously injured the plaintiff. After the accident, the driver was found to have a blood alcohol content of .18%. |
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| LEGAL NEWS Second Department Denies Facebook Evidence in Medical Malpractice Case |
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On April 26th, the Second Department decided that evidence from the defendant’s Facebook page was not admissible unless the person who discovered it was available to be deposed. The case involved a medical malpractice action against an orthopedist that was filed in 2004. During the discovery portion of the case, the plaintiff was deposed three times, after which the plaintiff filed a note of issue. |
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For more information about these cases or the firm's insurance defense representation, contact Donald Neumann, Managing Partner, at donald_neumann@mhms-law.com or at (516) 747-4082.
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| Personal Injury Claims Arising Out of Motor Vehicle Accidents |
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840 Franklin Avenue | P.O. Box 7677 | Garden City, NY 11530-7677
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