New York CM Report of Recent Decisions
2002 Volume 2
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
First Department Sets Up Appellate Division Conflict on the Law of Surveillance Tapes Disclosure
In Tran v. New Rochelle Hospital Medical Center, 740 N.Y.S.2d 11, which should set the stage for a ruling by the Court of Appeals, the First Department has held that its sister courts’ decisions on the issue of surveillance disclosure “needlessly upset the desirable balance of competing interests in personal injury litigation.”
New Insurance Law Section 3407A
A new statute in the New York Insurance Law which affects both casualty and property insurers went into effect on March 18, 2002. This new statute – Insurance Law Section 3407A – requires property and casualty insurers issuing policies on risks located or resident in New York insuring against damage to the insured’s real property to include a provision regarding an insurer’s written estimate of property losses.
New York Holds Insured Bears Burden of Proving "Accident" or "Occurrence" Caused Damage and Adopts Pro Rata Allocation Method for Continuous Harm
Disagreeing with the Second Circuit’s reading of New York law, New York’s Court of Appeals holds that the insured bears the burden of proving that damage for which it seeks indemnification resulted from an “accident” or “occurrence” so as to fall within the scope of policy coverage. New York’s highest court has also ruled, as a matter of first impression, that in cases involving multiple successive insurers and continuous harm, each policy is responsible for a pro rata portion rather than the entire loss. Consolidated Edison Co. of New York, Inc. v. Allstate Ins. Co., et al., 2002 WL 827174 (N.Y.).
Police Officer Liability for Negligence Further Refined by Court of Appeals and Third Department
Recently, both the Court of Appeals and the Third Department have evaluated the negligence liability of police officers and police departments. In Criscione v. City of New York, 736 N.Y.S.2d 656, the Court of Appeals held that a police officer responding to a “911” call was involved in an “emergency operation” and therefore could not be held liable for ordinary negligence. And in Clark v. Town of Ticonderoga, 737 N.Y.S.2d 412, the Third Department granted summary judgment to a police department because the evidence was insufficient to prove that a stabbing victim justifiably relied on the police department for her protection.
