RECENT DECISIONS

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Topic : Life Insurance Date : 5/22/2012 Title : Am. Gen. Life Ins. Co. v. Salamon Description : Second Circuit rules in favor of Lipsius BenHaim Law client finding that insurance company cannot void life insurance policy for alleged fraudulent misrepresentations after it had collected premiums with constructive knowledge of the alleged fraud. Download - Am. Gen. Life Ins. Co. v. Salamon
Topic : Fraud Date : 8/30/2013 Title : Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Trust Description : In landmark arbitration decision, Second Circuit upholds arbiration award in favor of Lipsius BenHaim client holding that an alleged conversation in which the arbitrator was overheard to say that appellee would receive a decision in its favor was not direct or definite evidence of bias, and there was no indication that the arbitrator stood to gain anything or had a special connection to appellee; The panel's decision to hear only one witness did not make the arbitration fundamentally unfair; the primary issue was one of contractual interpretation, which was a question of law; Reconsideration was not required based on purported new evidence about the arbitrator's reputation in the community, as the evidence did not offer sufficient relevant, direct, and definite evidence of bias. Download - Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Trust
Topic : Life Insurance Date : 10/1/2013 Title : Blumenberg v. Aviva Life and Annuity Company of New York Description : Court ruled that Trust was entitled to challenge wrongful lapse of policy, which Aviva claimed lapsed prior to the passing of the insured. The Court found that lapse notice failed to state the exact amount due and was otherwise confusing to the Trust.
Topic : Vehicle Insurance Date : 12/30/2013 Title : Liberty Mut. Ins. Co. v. Harco Nat'l Ins. Co. Description : United States District Court for the District of Connecticut rules in favor of Lipsius BenHaim Law's client finding that client-insurer's contingent coverage endorsement was enforceable under New York law and awarding client judgment against co-insurer for loss paid for by Lipsius BenHaim Law client. Download - Liberty Mut. Ins. Co. v. Harco Nat'l Ins. Co.
Topic : Vehicle Insurance Date : 2/10/2014 Title : Lloyds of London v. Illinois National Insurance Co. Description : United States Court of Appeals for the Second rules that insurance policy issued to trucker is governed by New Jersey law and that New Jersey law prohibits insurer's exclusion.
Topic : Life Insurance Date : 3/28/2014 Title : Lebovits v. PHL Variable Ins. Co. Description : United States District Court rules in favor of Lipsius BenHaim Law client finding that New York Insuranced Law §3211(d)'s two-year time limit to sue insurer did not apply to declaratory judgment action seeking restoration of life insurance policy to active status. Download - Lebovits v. PHL Variable Ins. Co.
Topic : Workers Compensation Insurance Date : 5/20/2014 Title : Wausau Bus. Ins. Co. v. SentosaCare, LLC Description : Second Circuit remands case to District Court after Lipsius BenHaim Law successfully appeals decision involving a client's dispute with its Workman's' Compensation Insurance Carrier. Download - Wausau Bus. Ins. Co. v. SentosaCare, LLC
Topic : Life Insurance Date : 7/30/2014 Title : ANICO v. Conetoga Description : Lipsius BenHaim successfully argues that New York law applied in action pending in Texas courts and that New York law prohibits challenge to the policy once the incontestability period began. Download - Conestoga
Topic : Life Insurance Date : 8/13/2014 Title : Phoenix v. Pinkesz Description : The Second Department reversed a trial court finding awarding Phoenix summary judgment. Phoenix commenced the action seekign rescission of three policies it issued totaling $15 million in coverage based on certain alleged misrepresentations in the application. Supreme Court, Kings County, awarded the insurer summary judgment based on an underwriter's affidavit that the insurer would not have issued the policies had it known the truth concerning the insured's financial condition and prior history. On appeal, the Second Department reversed finding an issue of fact whether the misrepresentations were material to the insurer. Download - Phoenix v. Pinkesz
Topic : Life Insurance Date : 11/25/2014 Title : American General v. Spira Description : The insurer sued the owners of two life insurance policies on the life of the same insured alleging the the application to the policies contained material misrepresentations as they pertained to the insured's financial condition. Lipsius BenHaim opposed the insurer's motion for summary judgment arguing that the insurer could not prove that the insured's financial condition was material to the insurer's decision to issue the policy. The court agreed. Ira Lipsius argued the motion which was briefed by Ira Lipsius and David BenHaim. Download - Spira
Topic : Fraud Date : 4/22/2015 Title : Nabatkhorian v. Nabatkhorian Description : The plaintiff sued his ex-wife alleging that claims by the ex-wife to the police that the plaintiff raped his ex-wife were fraudulent. The plaintiff also sued the police, the county, the mediators involved in the divorce, the doctor who examined the ex-wife and others associated with the ex-wife. After the Supreme Court, Nassau County, refused to dismiss the action as against the client, Lipsius BenHaim appealed to the Appellate Division, Second Department, where the action was dismissed as against the client. Download - Nabatkhorian v. Nabatkhorian
Topic : Vehicle Insurance Date : 5/20/2015 Title : Pecelli v. EMH Description : Lipsius BenHaim successfully obtained summary judgment on behalf of long term lessor of trailers. The client was engaged in the lease of trailers. One trailer was under lease when it was involved in a multi-vehicle accident (footage of which can be viewed here: https://www.youtube.com/watch?v=hywijRAFteY). The Supreme Court of the State of New York, Nassau County, denied a motion made on behalf of the client finding the client vicariously liable as the trailer's owner. On appeal, the Appellate Division, Second Department, reversed and found that the Graves Amendment applied to abrogate New York's vicarious liability law as it applied to trailer owners. All causes of action against the client were dismissed. Ira Lipsius argued the appeal which was briefed by David BenHaim. Download - EMH
Topic : Life Insurance Date : 7/24/2015 Title : Visión en Análisis y Estrategia, S.A. de C.V. v. Anderson Description : United States District Court for the Southern District of New York dismisses lawsuit against Lipsius BenHaim Law client agreed with Lipsius BenHaim Law that plaintiffs failed to name indispensable parties. Download - Visión en Análisis y Estrategia, S.A. de C.V. v. Anderson
Topic : Life Insurance Date : 8/17/2015 Title : Blau v. Allianz Life Ins. Co. of N. Am. Description : Lipsius BenHaim Law successfully argue that Allianz Life Ins. Co. of North America is subject to personal jurisdiction in New York Federal District Court. Download - Blau v. Allianz Life Ins. Co
Topic : Vehicle Insurance Date : 9/23/2015 Title : Nat'l Liab. & Fire Ins. Co. v. Itzkowitz Description : Pursuant to New York's unfortunate event test, three separate accidents occurred for purposes of plaintiff insurer's policy. A dump truck's damage to an overpass was not temporally or spatially proximate to the first vehicle's collision with the dump box, which separated from the truck, and the events were part of distinct causal chains. Additionally, even though there was spatial proximity between the second and third incidents, they too were distinct accidents, both because the second incident (the collision with the dump box) did not play a role in causing the third and because the relative timing between the two incidents played no role in the third incident's occurrence. Download - Nat'l Liab. & Fire Ins. Co. v. Itzkowitz