After nine successful years, Bowitch & Coffey is closing its doors. Starting August 1, 2021, Gary Bowitch and Dan Coffey will be practicing law in their own law firms and will continue to provide clients with the same high quality legal services in their areas of expertise. Their new contact information is:
Gary S. Bowitch
Attorney at Law
13 Willow Street
Castleton, NY 12033
Phone: 518-527-2232
Email: gbowitch@bowitchlaw.com
Bowitch Law New Website
Daniel Coffey
Coffey Law PLLC
17 Elk Street
Albany, NY 12207
Phone: 518-813-9500
Email: Dan@coffeylawny.com
Coffey Law New Website
New York State versus Federal Expert Disclosure
As I’ve written in this column previously, one of the advantages of litigating a subrogation claim in New York state court (versus federal) is expert disclosure. In state practice, in order to have an expert testify at trial, all an attorney need do is comply with CPLR 3101(d). This provision requires only that you disclose a short setting forth “in reasonable detail”:
Court Denies Subrogating Carrier’s Attempt to “Sever” Its Claim from Its Insured’s Personal Injury Action
In the early morning hours of December 2005, a horrible explosion occurred at a house in the Village of Horseheads in Chemung County. The explosion caused serious injuries to the family living at the house. Additionally, several nearby buildings were destroyed, including Pete’s Garage. Pete’s submitted a claim to its carrier and the carrier paid approximately $50,000.
Party Skipping Joint Scene Exam Can't Later Cry "Spoliations"
How many of you have encountered this scenario? A fire occurs and your investigator’s initial scene exam indicates there is the possibility of subrogation and has identifies a possible culprit. You stop the scene exam and send a letter to the possible culprit(s) inviting him/her to set up a joint scene exam so their representative can view the fire scene before the area is cleaned out and rebuilt. The possible culprit (or their carrier) either doesn’t respond or refuses to cooperate in setting a date in the very near future for the joint scene exam. What do you do?
More Articles...
- Five Defenses to Contractual Waivers of Subrogation
- Divided New York High Court Finds 6-Year Statute of Limitations Against Contractors
- Court Reviews New York Products Liability Law
- Court Denies Insureds’ Attempt to “Piggyback” Claims Onto Carrier’s Subrogation Action
- Governor Signs Law Affecting Health Care Subrogation
