Recent Publications - Michael P. Welch


Appellate Term Establishes New Burden of Proof in Body Shop Litigation
June 30, 2012 | Appeals | Insurance Coverage
In recent years, there has been uncertainty as to the standards to be applied when automobile repair shops challenge the conduct of automobile insurers in regard to the negotiation and payment of collision repair costs.  In Nadel v. Allstate Insurance Company, 2012 N.Y. Misc. LEXIS 1527 (N.Y. App. Term 2d Dep’t 2012), the Appellate Term, …
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How Bankruptcy and the Doctrine of Judicial Estoppel Affect the Investigation and Litigation of Insurance Claims
September 30, 2011 | Insurance Coverage | Corporate | Appeals
Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim or …
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Court Rules That Investment Losses Sustained as a Result of Madoff Ponzi Scheme Are Not Covered Under Homeowner’s Policy
January 6, 2011 | Insurance Coverage | Appeals
The attached decision, issued on December 20, 2010 by Judge Lewis Kaplan, granted summary judgment to Fireman’s Fund and dismissed plaintiff’s Complaint. Rivkin Radler attorneys Michael Troisi, Michael Versichelli and Michael Welch represented Fireman’s Fund. Plaintiff, Sharon Lissauer, sustained losses as a result of the Bernard Madoff Ponzi scheme. Over the course of many years, …
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Court Dismisses Class Action Challenging Automobile Insurer’s Specification of ‘Non-OEM’ Crash Parts In Repair Estimates
December 31, 2010 | Insurance Coverage | Appeals
Patchen v. Government Employees Insurance Company, U.S. District Court, Eastern District of New York On January 7, 2011, United States District Court Judge Arthur Spatt granted GEICO’s motion to dismiss plaintiffs’ Complaint. Rivkin Radler attorneys Evan H. Krinick, Michael P. Versichelli and Michael P. Welch represented GEICO. The case presented an important issue that has …
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Appellate Division Rules in Favor of Insurer on Residency Issue
April 30, 2010 | Appeals | Insurance Coverage
Please click the link below to view the Litigation & Appeals Law Alert – May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Litigation & Appeals Law Alert – May 2010 Reprinted with permission.  All rights reserved. …
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What Insurers Need To Know When Investigating & Adjusting…
April 15, 2010
Please click the link below to view this article.  Adobe Reader is required to view the bulletin.  If Adobe Reader is not installed on your PC, click here to download and install. What Insurers Need To Know When Investigating and Adjusting Mortgage Claims Reprinted with permission.  All rights reserved. …
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