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American Bar Association

ABA Section of Litigation
Aviation Litigation



Subrogation Spotlight—Who Is My Client?

By Frederick Alimonti
If you made it past the title, I assume you know what subrogation is, and you have likely participated in a subrogation claim in some manner. As in most other areas of the law, law school teaching on the matter falls short of capturing the reality and practicalities of practice.

“Direct Actions" Now Permitted Against Insurer in NY Injury and Death Cases Involving Untimely Notice of Claim

By Rick Alimonti
On July 21, 2008, New York’s Governor Patterson signed a bill into law that will prevent an insurance company from unilaterally disclaiming coverage for personal injury or wrongful death claims based upon untimely “notice of claim.” Under the new law taking effect on January 17, 2009, before disclaiming coverage, the insurer will have to be able to demonstrate that they were materially prejudiced by the untimely claim (if it was filed within two years of the accident).

“Oceans of Motions” Including Some Questions Clients Should Ask

By Frederick Alimonti
With full-blown trials being the exception rather than the rule, most of our time in court centers on routine status conferences and motions. The breadth of potential motions—running from minor discovery disputes to full blown motions for summary judgment—can be confusing. This column sets out some suggestions for client and their insurers on making the right motion decision in a given case.


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