Supplemental Underinsured Motorist Coverage in New York State

Navigating Workers’ Compensation Medication Denials: A Guide to Your Rights and Remedies

In New York State, the responsibility for maintaining and repairing sidewalks can be a complex issue. The liability shifting provisions act to determine who should be held accountable for injuries or damages caused by sidewalk defects. These provisions establish guidelines regarding the responsibility of property owners, tenants, and the local municipalities. The most important issue is that differing municipalities have different rules regarding liability for defects on public property like sidewalks. In certain cities, the responsibility for sidewalk maintenance rests solely with the contiguous property owner. This means that if a defect exists on a sidewalk adjacent to a private property, the owner of that property is generally liable for injuries or damages resulting from the defect. However, the situation is not the same in every city. In some cities, liability for sidewalk defects is primarily placed on the local municipalities. Many cities have not yet adopted guidelines shifting liability to the adjacent private landowners. Further, many of those cities have adopted “actual written notice” provisions shielding those municipalities from liability unless a citizen has provided written notice of the specific defect to the municipality before the fall and injury occur. This is often a difficult standard to meet. Additionally, it's worth mentioning that the liability shifting provisions may also depend on the type of property involved. For example, residential property owners may have different responsibilities compared to commercial property owners. It is advisable to consult local laws and regulations or seek legal advice when dealing with specific cases. The liability shifting provisions in New York State for sidewalk defects differ widely from city to city.. In Niagara Falls, New York for instance, property owners are generally responsible for sidewalk maintenance, while in other municipalities, the liability falls on the local government. Exceptions and limitations exist, such as local ordinances that shift responsibility onto property owners, actual written notice provisions, and special use exceptions. Understanding these provisions is crucial for determining liability in cases of sidewalk defects and seeking appropriate legal recourse if necessary. The lawyers at Viola, Cummings, Lindsay LLP can help you sort through all these legal issues after a sidewalk injury and fight for the compensation you deserve.

Is your wife/husband an awful driver? You know the situation. You’re in the passenger seat with your spouse driving. You’re not paying attention because as the passenger, you don’t have to. So, you’re scrolling through your Facebook feed or adding photos and captions to your Instagram story while your spouse is supposed to be paying attention to the road. Instead, you hear the rumble strips, notice the car is slowly veering off the road, and you look over to see your spouse taking a selfie using the doggy Snapchat filter. If this happens, and you’re injured as a result, you will not be permitted to recover compensation for your injuries unless you have purchased supplemental spousal liability coverage. Your traditional automobile liability insurance policy in New York State will not permit you to recover if you are injured by your spouse’s negligence. Your insurance carrier is required to notify you of this coverage in writing. New York State Insurance Law § 3420(g)(2) states, in relevant part: (2) Upon issuance of a motor vehicle liability policy that satisfies the requirements of article six of the vehicle and traffic law and that becomes effective on or after January first, two thousand three, pursuant to regulations promulgated by the superintendent, the insurer shall notify the insured, in writing, of the availability of supplemental spousal liability insurance. Such notification shall be contained on the front of the premium notice in boldface type and include a concise statement that supplementary spousal coverage is available, an explanation of such coverage, and the insurer’s premium for such coverage. Subsequently, a notification of the availability of supplementary spousal liability coverage shall be provided at least once a year in motor vehicle liability policies issued pursuant to article six of the vehicle and traffic law, including those originally issued prior to January first, two thousand three. Such notice must include a concise statement that supplementary spousal coverage is available, an explanation of such coverage, and the insurer’s premium for such coverage.