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THE NEW YORK
BAR FOUNDATION

Welcome!

The Torts, Insurance, and Compensation Law Section of the New York State Bar Association is pleased to welcome Section members and visitors. Among the resources available for Section members on this site are Section publications, access to the TICL Section e-community discussion forums, and substantive case reviews via Law Watch search results on topics of interest to the Section. Section members receive the Torts, Insurance and Compensation Law Section Journal and the Construction & Surety Law Newsletter free as a benefit of membership.


A View from the Chair - September 2009

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“…..and a wonderful time was had by all.” A quote from a postcard or letter from a friend or family member about their recent vacation? Perhaps, but it was said over and over again by everyone who attended our summer meeting last month at the Mohegan Sun. Friends, family and colleagues across the state enjoyed the weather, the venue, the CLE and, more importantly, the company. I wish again to thank our program chairs, Mirna Martinez Santiago and Gary Cusano, for their time and effort in putting together an excellent program and meeting. I wish to thank the judges, insurance company professionals and all the people who participated and attended our summer meeting. Finally, I wish to thank Brian Rayhill for stepping in at the last minute and helping out by presenting our CLE course on No-Fault litigation. To view photos from our meeting go to our photo gallery link on the left menu.

For those who could not make our meeting last month and for those who did, save the date and join us for the Torts, Insurance and Compensation Law Section Thirteenth Judicial District Reception honoring Justice Judith N. McMahon on Thursday, September 24, 2009 at Li Greci's Staaten, 697 Forest Avenue, Staten Island, NY 518-487-5653.  The Reception is free and open to all Torts, Insurance and Compensation Law Section Members and those interested in joining our Section.  We expect a large turnout of judges and attorneys. Thanks to our district representatives, especially Anthony Martine, Cathleen Giannetta, Brian Rayhill, Richard Dawson, James O’Connor, Nelson Timken, Michael O’Brien and Ronald Balter. Also thanks to our committee chairs, Robert McCarthy and Roderick Coyne for sponsoring this event. Please RSVP to Barb Mahan at 518-487-5653 or bmahan@nysba.org or Michael O’Brien at 212-510-9230 or obriem11@nationwide.com . Reception begins at 6:00 PM.

Law School for Claims Professionals

Our “Law School for Claims Professionals” program has been finalized and will be held in October and November. The dates and locations are: October 16 Buffalo - Holiday Inn Amherst; October 16 New York City - State Insurance Fund; October 23 Hauppauge, Long Island - Hyatt Regency Long Island; October 30 Albany - New York State Nurses Association and November 6 Syracuse - Sheraton Syracuse University Hotel. This is a unique program involving direct interaction between our member attorneys and the industry they serve. We expect that this year’s program will be one of our best. The emphasis will be on recent updates and changes in the law. We intend to provide our claims professionals across New York State with the practical knowledge of the law that they will need for better and more effective claims handling. We wi ll conduct workshops in the afternoon, devoted to problem-solving discussions involving facts and legal issues that confront the claim professional daily. Thanks again to Lisa Berrittella, our program chair, and to Elizabeth A. Fitzpatrick, Edward Flink, George Skandalis and Shawn Martin, our local chairs this year. A program brochure will be posted shortly on our website.

Save the Date

Please mark on your calendars the week of January 25th for the New York State Bar Association Annual Meeting. Our annual dinner with the Trial Lawyers Section will be held Wednesday, January 27, 2010 at Cipriani Wall Street. Our CLE program will be held on Thursday, January 28, 2010. Our Program chair is Michael Tromello. He is working with the Trial Lawyers Section to put together another great CLE program. Please note that the annual meeting location has moved. The meetings will be held at Hilton New York, 1335 Avenue of the Americas, New York City

If you are interested in speaking, publishing, joining the executive committee and/or just networking with attorneys across the state, we can help. Please feel free to call me at 212.440.2345 or email me at Charles.Siegel@cna.com.

Charles J. Siegel, Esq.
Law Offices of Charles J. Siegel
40 Wall Street - 7th Floor
New York, New York 10005
Phone: (212) 440-2345
E-Mail:  charles.siegel@cna.com


FALL COCKTAIL RECEPTION - November 12th

You are cordially invited to join with members of the Judiciary and your colleagues for a Fall Cocktail Reception at Donovan’s Grill & Tavern, Bayside, New York.  This event is free and is a great opportunity to learn about the terrific benefits our section of the New York State Bar Association offers to its members.  We look forward to seeing you for what will certainly be a great evening of cocktails, hors d’oeuvres and conversation.  Surely an evening not to be missed. Click here  for more details.


Visit our Photo Gallery (on the left menu) to view pictures from our 2009 Summer Meeting at the Mohegan Sun or click on this link Mohegan Sun Summer Meeting 2009


Torts Insurance & Compensation Law Section
Executive Committee Webcast
October 7, 2008


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

Among the items discussed was 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. Bernice Leber, the Bar President also addresses the executive committee as to her vision for the State Bar in general and our section in particular.

This was 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.  As Chair of the Torts Insurance & Compensation Law Section, I invite you to become more active and to spend an hour watching this meeting.


To contact any member of our Executive Committee for information, to join a committee or to provide your opinion or feedback, click on the link below:


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Loislaw LawWatch

Loislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys.

duty to defend - duty to defend
HENDERSON v. N.Y. CENT. MUT. FIRE INS., CA 08-00051 [4th Dept 11-14-2008] CA 08-00051. Decided on November 14, 2008. It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the cross motion is denied, t ...

insurance law - insurance law
SHADY GROVE ORTHOPEDIC ASSOC. v. ALLSTATE, 07-0141-cv (2nd Cir. 11-19-2008) Docket No. 07-0141-cv. Decided: November 19, 2008. If the state rule does not directly collide with the Federal Rule, the inquiry becomes whether the choice of rule would be "o ...