Ny No Fault Insurance Law by ipw21167

VIEWS: 11 PAGES: 4

Ny No Fault Insurance Law document sample

More Info
									NO-FAULT INSURANCE         (in MC Qs)

I. GENERAL
   A. NY NO-FAULT LAW DOES NOT COVER PROP. DAMAGE, ONLY PERSONAL INJURIES.


II. WHAT IS IT?
   A. PURP.: PROVIDE RECOVERY INDEPENDENT OF TORT SYSTEM AND FAULT.
      1. To remove certain categories of tort claims from usu. tort system of
          recovery based on fault, and provide some measure of recovery that
          has nothing to do w/who was or was not at fault in the accident.
   B. THEY ARE A COMPROMISE B/N PREVENT TORT SUITS AND PROVIDING RECOVERY.
      1. NY LAW:
          a. IN CERTAIN SITUATIONS A P CAN RECOVER REGARDLESS OF FAULT AND NOT
             SUE IN TORT.
          b. IN OTHERS, P MAY SUE.


III.   NEED TO KNOW
   A. DOES NOT APPLY TO PROP. DAMAGE > ALWAYS FREE TO SUE FOR PROP. DAMAGE AND
      USUAL FAULT REQTS. OF TORT SUIT APPLY.

   B. FOR PERSONAL INJURY, STAT. SPECIFIES SITUATIONS WHERE MUST ACCEPT NO-
      FAULT RECOVERY AND NOT SUE (AND WHEN P CAN SUE).

   C. KEY: CANNOT SUE IN TORT UNLESS YOU HAVE SUFFERED A LOSS GREATER THAN
              BASIC ECON. LOSS, OR UNLESS YOU HAVE A SERIOUS INJURY.
      1. BASIC ECON. LOSS: ($50,OOO OR LESS > CANNOT SUE IN TORT AND MUST
           ACCEPT NO-FAULT RECOVERY; DAMAGES FOR PAIN AND SUFFERING NOT
           INCLUDED)
           a. MEDICAL EXPENSES
           b. 80% OF LOST EARNINGS UP TO $2,000 A MONTH;
           c. CERTAIN MISCELLANEOUS EXPENSES UP TO $25 PER DAY FOR ONE YR.
      2. UNLESS: SERIOUS INJURY (even if below $50k threshhold)
           a. DEF.:   PERSONAL INJ. RESULTING IN DEATH, DISMEMBERMENT, SIG.
                      DISFIGUREMENT, SERIOUS FRACTURE, OR PERMANENT LOSS OF
                      BODY ORGAN OR FUNCTION.
      3. CONSEQ.:     IF CANNOT SUE IN TORT, CANNOT GET NON-ECON. LOSS = NO
                      MONEY FOR PAIN AND SUFFERING.

   D. IF CANNOT MEET TEST FOR SUING, GO TO OWN INSUR. CO. UNDER THE MANDATORY
      NO-FAULT COVERAGE.
      1. IF THEY DO NOT WANT TO PAY WHAT YOU THINK YOU ARE OWED:
          a. TAKE AN ARB.; OR
          b. SUE FOR BREACH OF K.

   E. NY NO-FAULT LAW APPLIES ANYWHERE YOU DRIVE YOUR CAR.

                                   THE END
NY PERSONAL PROPERTY           (NY essay)

IV. GENERAL
   A. DEF.: ALL PROP. THAT IS NOT REAL PROP.
      1. ie. Finder's cases, chase and capture wild animals.
   B. 3 TOPICS:

      1.   FINDER'S CASES
           a. DEF.: PROP. THAT HAS BEEN FOUND BY SOMEONE.
           b. NY STAT.: 2 CATEGORIES
              (1) ABANDONED PROP. >     2 Qs:
                  (a) IS IT "ABANDONED":
                      i) WAS POSS. SURRENDERED W/INTENT TO GIVE UP TITLE AND
                           CONTROL? IF YES, ABANDONED.
                  (b) HAS SOMEONE ACQUIRED RTS. IN IT?
                      i) FINDER MUST GET POSS. AND INTENT TO ASSERT TITLE AND
                           CONTROL (CARRYING AWAY OF PROP.)
                           a) FP: H and W moved into new house.       Found note
                               from prior owners: "Keep the velvet painting."
                               H had it hauled to dump.     Found out that frame
                               was solid gold. Bum found it. > H ABANDONED THE
                               PAINTING.
                           b) Did bum acquire rts.?      Yes, if got poss. and
                               carried it aways w/intent to assert title and
                               control.
              (2) LOST PROP.:
                  (a) DEF.: PROP. WHERE OWNER HAS ACCIDENTALLY PARTED W/POSS.
                      i) FP: Wallet falls out of pocket or accidentally leave
                           it on store counter.
                      ii) NO LOST - MISLAID DISTINCTION IN NY (UNLIKE CL)
                  (b) RULE: TRUE OWNER ALWAYS RECOVER (BUT TRUE OWNER NEVER IN
                      FP).
                  (c) SO, FINDER ALMOST ALWAYS GET TO KEEP IT.
                      i) IF VALUE LESS THAN $20, THEN FINDER MUST MAKE REASON.
                           EFFORT TO FIND THE OWNER, AND IF AFTER A YR. OWNER
                           DOES NOT SHOW, FINDER KEEPS IT.
                      ii) IF VALUE $20 OR MORE, FINDER MUST TURN ITEM INTO THE
                           POLICE (FAILURE TO DO SO IS MISDEMEANOR).
                           a) POLICE SUPPOSED TO HOLD IT FOR SPECIFIED TIME >
                               IF OWNER DOES NOT SHOW, FINDER CAN GET IT BACK
                               FROM POLICE.
                           b) TIME PERIOD DEPENDS ON VALUE OF ITEM (need not
                               know specific times and values).
      2.   GIFTS: PASSAGE OF CHATTEL BY VALID GIFT:

      **   a. INTER VIVOS GIFTS:
              (1) 3 REQTS. TO HAVE VALID GIFT INTER VIVOS: (DONATIVE INTENT,
                  VALID. DELIV., AND VALID ACCEPTANCE)
                  (a) DONATIVE INTENT;
                      i) DONATIVE INTENT EASIER TO FIND WHEN DONOR AND DONEE
                          CLOSELY RELATED (ie. H & W, parent and child).
                      ii) IT MEANS THE INTENT TO PASS TITLE NOW (POSS. DOES NOT
                          MATTER).
                          a) FP: Suppose W tracks down gold frame and buys
                              back. She wants to keep it while she lives but
                              give to museum later > INTENT TO PASS TITLE, NOT
                              POSS., NOW > VALID GIFT.
              ** (b) VALID DELIV.; AND
                      i) 3 EASY SITUATIONS:
                          a) IF PHYSICALLY TRANSFERRED.
                    b)   IF DONEE ALREADY IN POSS. OF IT AND OWNER SAYS
                         KEEP IT.
                     c) NEED NOT MAKE PHYSICAL DELIV. OF OBJECT ITSELF
                         IF HAND OVER SOMETHING THAT IS REPRESENTATIVE OF
                         THE OBJECT.    ie. safety deposit key, car keys,
                         etc.
                ii) 4 HARD SITUATIONS:
                     a) IF GIFT TO DONEE IS DONOR'S OWN CHECK OR NOTE >
                         NO DELIVERY UNTIL ACTUALLY HAVE THE $ (CHECK IS
                         CASHED OR NOTE IS PAID).
                     b) IF GIFT TO DONEE IS SOMEONE ELSE'S CHECK OR NOTE
                         MADE OUT TO THE DONOR > DELIVERY!              NO
                         INDORSEMENT REQD.
                     c) IF GIFT IS STOCK CERTIF. REPRESENTING SHARES OF
                         CO. > VALID DELIV. EVEN THOUGH NO INDORSEMENT
                         AND CORP. NOT INFORMED.
                     d) AGENCY OF MIDDLE PERSON SITUATION: (depends on
                         whether middle person is donor's or donee's
                         agent)
                         1) IF MIDDLE PERSON IS DONOR'S AGENT > NO DELIV.
                         2) IF MIDDLE PERSON IS DONEE'S AGENT > DELIV.
                         3) WHEN IN DOUBT, CONSTRUE THE MIDDLE PERSON TO
                         BE DONOR'S AGENT > NO DELIV., UNLESS DONEE IS A
                         MINOR (THEN MIDDLE PERSON IS DONEE'S AGENT).
                              ie. I give watch to X and tell X to give it
                              to Y as gift > DELIV. WHEN X GIVES IT TO Y.
                               BUT ON BAR, X WILL STILL HAVE POSS. OF
                              WATCH WHEN PROB. ARISES > DELIV. SATIS. WHEN
                              X GETS WATCH IF X WAS Y's AGENT. IF X WAS
                              MY AGENT > NO DELIV. YET.
            (c) VALID ACCEPTANCE.
                i) ONLY WAY TO NOT ACCEPT IS TO AFFIRMATIVELY REJECT.
                ii) GENERALLY, ACCEPTANCE IS EXPRESSED.
                iii) BUT, ACCEPTANCE IS IMPLIED IF NOTHING IS SAID.

     b. GIFTS CAUSA MORTIS (GIFTS MADE IN CONTEMPLATION OF DEATH):
        (1) RULES: (INTER VIVOS RULES APPLY PLUS SPECIAL RULES)
            (a) NATURE OF PERIL FACED:
                i) PERIL MUST BE IMMINENT AND LIKELY TO OCCUR TO HAVE A
                     VALID GIFT CAUSA MORTIS.
                ii) IMMINENT     PERIL:  FAIR   DEGREE   OF  CERTAINTY  OR
                     LIKELIHOOD OF DEATH.
                     a) In hospital w/terminal illness or just hit by
                          bus.
            (b) 3 WAYS TO REVOKE A GIFT CAUSA MORTIS BE REVOKED:
                i) DONOR CAN SIMPLY REVOKE AT ANY TIME (VOLUNTARY
                     REVOCATION)
                ii) DONEE PREDECEASES THE DONOR (REVOCATION BY OPERTAION
                     OF LAW)
                     a) FP: X hit by bus.       Sure to die.   Shouts to Y
                          that wants to give Y watch.     Y crosses street
                          and is hit and dies > gift revoked
                iii) DONOR RECOVERS -- SURVIVES (REVOCATION BY OPER. OF
                     LAW)
            (c) ONE FORM OF REVOCATION NO LONGER VALID!!:
                i) REVOCATION WHEN DONOR DIES, BUT DIES OF SOMETHING
                     OTHER THAN WHAT DONOR THOUGHT DONOR WOULD DIE OF.
                     a) STATE THIS ON EXAM.
3.   BAILMENTS (2 Qs ON BAR):
     a. 1ST Q: IS IT A BAILMENT?
        (1) DEF.:   CUSTODY AND INTENT: WHEN ALLEGED BAILEE HAS TAKEN
                    OVER CUSTODY OF CHATTEL W/INTENT TO SERVE AS A
                    BAILEE.
             (a) CAN SERVE AS BAILEE OF ONE ITEM BUT NOT ANOTHER.
                 i) FP: X comes to NY. Checks her car at hotel garage,
                      and checks fur coat at coatroom.         Car contains
                      diamond necklace from A, gold ring from B, and gold
                      bracelet from C.    Money in coat pocket from D. IS
                      HOTEL A BAILEE OF ANY OF THAT STUFF?        POSS. AND
                      INTENT?
                      a) CAR AND COAT BAILED: HOTEL HAD POSS. AND INTENT.
                      b) BUT NONE OF THE MONEY AND JEWELRY ARE COVERED:
                           POSS., BUT NO INTENT TO BE BAILEE OF THINGS THAT
                           BAILEE KNEW NOTHING ABOUT.
                      c) SPARE TIRE IN CAR IS COVERED > PRESUME HOTEL
                           SERVED AS BAILEE AND INTENDED TO SERVE AS BAILEE
                           OF ANYTHING NORMALLY FOUND IN CAR.
             (b) SPECIAL SITUATIONS:
                 i) SAFETY DEPOSIT BOXES ARE BAILMENTS (EVEN THOUGH BANK
                      DOES NOT KNOW WHAT IS IN BOX).
                 ii) PARKING GARAGES ARE BAILMENTS IF GARAGE KEEPS YOUR
                      KEYS.
             (c) IF BAILMENT ARISES IN BAR Q, SOMETHING IN THE FP WILL BE
                 BAILED (B/C IF NOTHING BAILED, THEN CANNOT ASK ABOUT
                 LIAB. OF BAILEE).
         (2) 2ND Q: IF SO, WHAT IS LIAB. OF BAILEE IF CHATTEL DAMAGED,
             DESTROYED, OR MISSING?
             (a) BAILEE'S 3 POSSIB. STDS. OF CARE:
                 i) SOLE BENEFIT OF BAILOR SITUATION: BAILEE HELD LIAB.
                      ONLY FOR GROSS NEG.
                      a) FP: X runs watch repair shop.         Y brings in
                           watch.   X offers to fix free of charge.        >
                           GRATUITOUS BAILEE > FOR SOLE BENEFIT OF BAILOR.
                 ii) SOLE BENEFIT OF BAILEE SITUATION: BAILEE LIAB. FOR
                      EVEN SLIGHT NEG.
                      a) FP: X borrows Y's watch to use for exam.
                 iii) MUTUAL BENEFIT SITUATION: BAILEE HELD TO ORD. NEG.
                      STD.
                      a) FP: Watch repair shop charges $40 for fixing
                           your watch.
             (b) ON EXAM, APPLY THESE 3 STDS. BUT STATE THAT MODERN TREND
                 IS TO APPLY ORD. NEG. TO ALL BAILMENT SITUATIONS.
                 i) BAR Q will have bailor suing bailee.
             (c) S.L. OF BAILEE IN 2 SITUATIONS:
                 i) UNAUTHORIZED USE SITUATION: BAILEE S.L. FOR ANYTHING
                      THAT HAPPENS DURING THE UNAUTHORIZED USE.
                 ii) MISDELIVERY SITUATION: S.L. (NO MATTER HOW CAREFUL
                      BAILEE WAS)
                      a) EXCEPTION: PARKING LOT CASE: NO S.L. IF THE LOT
                           DELIVERS TO SOMEONE W/A FORGED CLAIM CHECK.

C. EXCLUPATORY CLAUSES:
   1. DEF.: CLAUSES IN BAILMENT Ks UNDER WHICH BAILEE TRIES TO EXCLUPATE
              HERSELF FROM LIAB.
   2. 3 RULES:
       a. BAILEE MAY NOT COMPLETELY EXCULPATE HERSELF FROM ALL LIAB.
          (1) No signs saying: No liab. no time no where."
       b. BAILEE MAY LIMIT LIAB. SO LONG AS BAILOR HAS REC'D EFFECTIVE
          NOTICE OF THAT LIMITATION.
          (1) Look at FP and see HOW NOTICE WAS GIVEN: big sign or small
              print on K?
          (2) Was the limitation brought home to the bailor.
       c. LIMITATION ONLY GOOD AGAINST BAILEE'S ORD. NEG.
          (1) CANNOT EXCULPATE FOR GROSS NEG. OR INTENTIONALLY TORTIOUS
              CONDUCT.

								
To top