Wednesday, February 17, 2010

New York No-Fault Insurance Law Blogs

August 21, 2015 ~~ Editor's Note:  Unfortunately, as with many ways and means of the World Wide Web, three of the four blogs pictured and discussed below are no longer active.  Jason Tenenbaum is still blogging, albeit off his law firm's website, having dropped the somewhat eponymous moniker "No Fault Defender".  And Larry Rogak's New York No-Fault Advisor lacks current content, although Larry appears to populate his fully eponymous  Rogak Report, still on Yahoo! Groups, with an occasional post.  

This post originally appeared on this blog on  March 8, 2009.  Nearly a year later, there have been some updates I should tell you about.

When I started this blog back in late April of 2008, I knew there would be many New York no-fault insurance cases to digest and post. But with the focus of this blog being on all insurance coverage cases and issues, the volume of no-fault decisions coming out of the New York courts has, at times, been overwhelming.

For those who can't get enough of all things no-fault (an esoteric, excitable and, in many instances, fanatical group), there are currently four blogs in New York dedicated strictly to no-fault, and I encourage my no-fault readers to bookmark and read those blogs regularly.

First in time came It's No-Fault of NY, New York State No-Fault Insurance Law News, Analysis and Commentary, a blog started in March 2006 by Erik Lutwig and Damin Toell. This may have been the very first law blog I started following a few years ago. Damin Toell now writes exclusively for this blog and, after what presumably was a job transition gap from November 2007 through December 2008, resumed posting to that blog in 2009 but stopped again July with, of all thing, a post about this blog.  Although Damin has not updated his blog since July of last year, it remains a good archival source of information on New York no-fault cases and issues.

With a born-on date of December 13, 2006, Dave Gottlieb writes the widely read and frequently commented No-Fault Paradise, A Site Devoted to New York & Florida No-Fault Law. Although I, myself, have still never seen a Florida no-fault case posted or discussed in Dave's blog, the blog's tropical name and banner image leave me hopeful that someday I just might. Dave is a prolific blogger, posting approximately 15-20 times per month. There are few if any no-fault cases published in the New York Official Reports from the appellate and trial-level courts that don't get mentioned and posted to Dave's blog. A good place to watch for recent New York no-fault decisions.

Also redesigned since last March is what was then our most recent entry into the New York no-fault blogosphere.  Originally launched in October 2008, No Fault Law - A Defense Attorney's Perspective on New York No-Fault Law is written by the self-outed Jason Tenenbaum, recently of his own shingle.  Jason is also a prolific blogger, and his posts range beyond just New York no-fault decisions.  His highly academic and informative blog now averages over 15-20 posts per month.

The most recent arrival to the New York no-fault blog party is another blog from my law firm, launched in December 2009.  Arbiters of NY No-Fault treats just New York no-fault arbitration decisions and issues, and my associates, Bethany Mazur and Scott Mancuso, are my co-authors of that blog.  Approximately 12-15 posts per month so far.  Check it out.

Word on the street is that there soon will be yet another New York no-fault cogitator entering the blogosphere.  Larry Rogak of The Rogak Report e-newsletter reknown has announced that his e-newsletter will soon reside within the e-body of a blog to be called the New York No-Fault AdvisorLook for that blog soon. 

To assist those who research no-fault cases and issues, I've created a Google Custom New York No-Fault Search Engine for these four blogs, plus this one.  You can access and bookmark it here or by using the gadget on the toolbar to the right.  Any of you who work in the New York no-fault field should bookmark that link and use it often.  It'll be much faster than searching each blog separately.  I'll add Larry Rogak's blog to that custom search engine once it's launched.


David M. Gottlieb, Esq. said...

I had a comment all written out, but managed to accidentally shut off my computer, so here is the short version.

I post more often than I thought. It always seems like I'm behind. Every day without a post feels like three.

You'd think there would be too much overlap with all the blogs, but because everyone comes at it from a different angle, it isn't an issue

Roy A. Mura said...

I have the same sensation -- more recently it's been more difficult to post daily. In addition to dreading the catch up, it feels like I'm letting the readers down.

You're right on there being no overlap of the three no-fault blogs. Better for those who follow NY no-fault.

Larry Rogak said...

Dare I ask why The Rogak Report, which has been reporting mostly no-fault decisions on line every day since 2003 (and before that, via fax since 1997) somehow did not merit a mention of insurance law blogs? Does The Rogak Report utilize cloaking technology that makes it invisible to radar?

Roy A. Mura said...

Actually, Larry, the subscription-only vehicle via which you've chosen to deliver the Rogak Report -- Yahoo Groups -- is not actually a blog and does make itself fairly invisible to web search engines. Need proof? Click here. or copy and paste this URL -- -- into a browser.

Yahoo Groups is, in essence, an email list service (listserv). Plus, my post is about about blogs dedicated solely to no-fault, which the Rogak Report is not. No one could or would dispute that you ably report on both liability and coverage court decisions, although many, of course, concern the issue of no-fault.

Could be the reason LexisNexis didn't pick up and recognize your body of work as a "blog", as well.

Have you considered migrating the RR into an actual blog?

No slight intended. I have always admired your prodigious commitment to illuminating the insurance industry.

Rosemary said...

Larry Rogak is recommended reading for all of us here in India, (we carry him on our desktops,) who, while we do not practice no fault law, do all the drafting of it for several NY no-fault law firms. However,for all latest news decisions and developments in NY no-fault law, David Gottlieb's No-fault Paradise is the ultimate. Rosemary,Law Allies Pune

Larry Rogak said...

I really don't like the word "blog." Every time I see it, I "hear," in my mind, the sound of a college boy throwing up.

However, given the irresistable gravitational pull of the development of the internet, I am, indeed, evolving The Rogak Report into a "blog."

In terms of content, it will remain virtually the same. But the new site,, will be more visually interesting.

Be there. Aloha. (as Jack Lord used to say)

Roy A. Mura said...

That explains some things, Rosemary.

Outsourcing of NY no-fault legal drafting? The area of law is tough enough for practicing New York lawyers. NY no-fault firms -- provider firms?? -- are outsourcing their work to India? We must be talking about boilerplate drafting, right?

I'm sure Larry and Dave appreciate the international plug, though.

Larry Rogak said...

Re Rosemary from India: I am dizzy with the vision of Rogak, the many-armed no-fault god (each arm holding a pen, of course), being a subject of intellectual reverence in the land of Ghandi.

But that pales in comparison to Dave Gottlieb's No-Fault Paradise being considered "the ultimate." Dave, you have to re-name your blog "No Fault Nirvana."

As for outsourcing of NF paper by plaintiff firms... I've been calling NY No-Fault an "industry" for years. I didn't realize just how literally correct that was.

How long can it be before "No Fault Claims" appear on an episode of "How It's Made"?

Anonymous said...

Rosemary: what no fault firms are outsourcing their work to India? Please out them so that this can be stopped. The last thing we need is more unemployed attorneys in an already low paying area like ins defense to be in the same boat as doc review attorneys in the USA!

Roy A. Mura said...

What should be my policy on blasphemous blog comments? Easy Larry. Don't think that being a recommended author means you're a deity. The Heart of Darkness was recommended reading in high school, but I don't think any of my friends considered Joseph Conrad god-like.

You realize, of course, that you reportedly are educating those who take work away from NY lawyers, right? An unintended consequence, no doubt, but still an interesting state of affairs for the legal industry. Any lawyer whose practice includes document drafting or review must acknowledge the inevitability of LPO (legal process outsourcing) in our industry.

I'm not offended at the revelation that some NY no-fault firms are outsourcing drafting work to India, but I am a bit surprised. I guess that points up just how boilerplate most no-fault work actually is. Not that it should be that way, but it is.

Roy A. Mura said...

Rosemary --

If you revisit this post, there's no need to out the outsourcing "several NY no-fault law firms" sending you work. Like Anonymous, I'm sure we'd all like to know the names of those firms, but we respect the privacy of those business relationships.

Would I would like to know, however, is whether you track the success/failure of the pleadings you draft, especially if they include motion papers. Can you tell us what types of pleadings and papers you draft for NY lawyers? Do you receive and handle HIPAA-protected materials and, if so, how do you ensure and protect the privacy of those materials? What about dox containing US social security numbers? Are special precautions taken to safeguard those materials, including in what I presume is their email transmission to and from you?

So many questions.

If you would like to guest post on my blog about the work you do for NY no-fault firms, please do. You can submit an article directly to me at