WP Magazine

December 2017
Dec 2017 WP Front Cover
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An excerpt from one of the articles

An Overview of Trial Practice in New York State and Federal Court
By Vincent G. Saccomando, Partner and Arianna E. Kwiatkowski, Insurance Defence Associate, Barclay Damon LLP

New York, as with all other states in the United States, has two separate court systems: state and federal. Each system has significant differences with respect to pretrial and trial practice which impacts the defence of personal injury cases.

Cases against Canadian defendants are generally brought in state court but, as discussed below, a Canadian defendant is often able to “remove” a case to federal court. This article is intended to provide Canadian insurance adjusters with background regarding both court systems, and specifically their different trial procedures, in order to assist in the defence and resolution of cases against their insureds in New York by way of settlement or trial.

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e-Flipbook Archives

December 2017 - WP Highlights

  • An Overview of Trial Practice in New York State and Federal Court
    By Vincent G. Saccomando and Arianna E. Kwiatkowski
    Page 6
  • Keeping the Mould Away: Application of Mould-Based Policy Exclusions
    By Matthew Dugas
    Page 16
  • The Stolen Car: The Evolving Liability of Theft Victims
    By Meryl Rodrigues
    Page 22
  • Two Judicial Treatments of a Novel Question of Law:
    Invalidating an Occupier’s Waiver Through the Application of Ontario’s Consumer
    Protection Legislation
    By Robert L.Love and Edona C.Vila
    Page 26
  • The Value of a Structured Settlement Consultant at A Mediation or Settlement Meeting
    By Geraldine Straus, LL.B., CSSC
    Page 40
  • Drywall Cracks: Is There a Problem Here?
    By Sadie Breg, EIT
    Page 44
  • Stopping Claims Churn with Customer-Centric Strategies
    By Dara Banga, FCIP, CFEI
    Page 48

Regular Features

  • President’s Message
    Page 4
  • OIAA Executive Council
    Page 5
  • Get to Know Your Chapter
    Page 32
  • Out and About
    Page 54
  • Directory of Adjusters
    Page 58
  • OIAA Chapter Executive
    Page 59
  • Final Report
    Page 60
  • Advertisers’ Index
    Page 62

What's Happening

  • Calendar of Chapter Events
    Page 35
  • 2018 Claims Conference Announcement
    Page 36
  • Adjusters’ Training & Education Program
    Page 38
  • Tribute to Pat O’Shaughnessy
    Page 50
  • OIAA Past Presidents’ Night Photos
    Page 52
  • OIAA September Kick-Off Photos
    Page 54

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