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October 20, 2020

Global Liberty Ins. Co. v Laruenceau (2020 NY Slip Op 05851)

https://www.beynensonlaw.com/case-law/global-liberty-ins-co-v-laruenceau-2020-ny-slip-op-05851/

Court
Appellate Division, First Department
Decided
October 20, 2020
Citation
2020 NY Slip Op 05851 · 187 AD3d 570
Posture
Other motion
Outcome
Insurer prevailed
Issues
Staged accidents, lack of coverage Discovery and procedure Trial and evidence
Legal questions
No covered accident (founded belief) (see the maps)
Cite as
Global Liberty Ins. Co. v Laruenceau, 187 AD3d 570 (1st Dept 2020)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer obtained renewal and summary judgment on authenticated admissions proving that the collision was staged. The additional evidence included a passenger's videotaped confession and statements to investigative agencies. Under CPLR 2221 (e) (2) and (3), the insurer showed that the evidence would change the prior determination, required extensive motion practice to obtain, and was previously unknown in nature and extent. The statements were admissible as party admissions, and a complete chain of custody authenticated the material. The providers offered no contrary evidence. The Appellate Division, First Department, reversed the order, insofar as appealed from, granted renewal and summary judgment, and directed a declaration of no coverage for the four providers.

Reported in New York Official Reports at Global Liberty Ins. Co. v Laruenceau (2020 NY Slip Op 05851)

Global Liberty Ins. Co. v Laruenceau
2020 NY Slip Op 05851 [187 AD3d 570]
October 20, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020

[*1]

 Global Liberty Insurance Company, Appellant,
v
Gabriel Laruenceau et al., Defendants, and Longevity Medical Supply, Inc., et al., Respondents.

The Law Office Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.

The Law Office of Melissa Betancourt, P.C., Brooklyn (Jamin Koo of counsel), for Longevity Medical Supply Inc., respondent.

Kopelevich & Feldsherova, P.C., Brooklyn (David Landfair of counsel), for Jamaica Wellness Medical, P.C., and LVOV Acupuncture, P.C., respondents.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about September 30, 2019, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to renew its motion for summary judgment declaring in its favor against defendants Longevity Medical Supply, Inc., Jamaica Wellness Medical, P.C., United Wellness Chiropractic, P.C., and Lvov Acupuncture, P.C., unanimously reversed, on the law, without costs, the motion for renewal granted and, upon renewal, the motion for summary judgment granted. The Clerk is directed to enter judgment declaring that plaintiff owes no coverage to said defendants.

Plaintiff provided a policy of insurance to VIP Limousine & Tuxedo, Inc. (VIP) that included a no-fault endorsement to an insured or eligible person for necessary expenses resulting from a motor vehicle accident. In April 2014, one of VIP’s limousines was hit in the rear by another car. Thereafter, the driver and passengers of the limousine (the individual defendants) filed claims as eligible persons under the policy issued by plaintiff, and later assigned their rights to the no-fault benefits to various medical providers (medical provider defendants).

Plaintiff moved for summary judgment, asserting that the accident was staged and therefore, none of the individual defendants or the medical provider defendants were entitled to benefits under the policy. Supreme Court denied the motion, finding that plaintiff failed to demonstrate as a matter of law that the accident was fraudulently or intentionally procured.

Plaintiff moved to renew its prior motion for summary judgment. In support of its motion to renew, plaintiff submitted additional evidence that the accident was staged in the form of a videotape confession by one of the passengers, which it had procured, after extensive motion practice, from the Police Department, Department of Financial Services, Insurance Fraud Bureau (DFS), and Kings County District Attorney’s Office. Supreme Court denied renewal on the grounds that plaintiff failed to offer any reasonable explanation as to why the videotape could not have been attached to its prior motion, and that the videotape was not properly authenticated for purposes of summary judgment.

Plaintiff appealed. We now reverse finding that renewal should have been granted in the interests of justice and substantive fairness (see Ross v Lewis, 181 AD3d 423, 424 [1st Dept 2020]; Cruz v Bronx Lebanon Hosp. Ctr., 73 AD3d 597, 598 [1st Dept 2010]; Rancho Santa Fe Assn. v Dolan-King, 36 AD3d 460, 461 [1st Dept 2007]). “Although it is true that a motion to renew should generally be based upon newly-discovered facts, this rule is not inflexible, and the court has discretion to grant renewal in the interest of justice even upon facts that were known to the movant at the time the original motion was made” (Kaszar v Cho, 160 AD3d 501, 502 [1st Dept 2018]).

Here, plaintiff demonstrated that the additional evidence it submitted in support of its motion to renew would change the prior determination and that it was required to engage in extensive motion practice to obtain the material. Plaintiff also established that it was unaware of the nature and extent of the information held by those agencies before then (CPLR 2221 [e] [2], [3]). The material, which included statements by the passengers who assigned their claims to defendants, proves that the motor vehicle accident was staged (see Matter of Global Liberty Ins. Co. of N.Y. v Eveillard, 171 AD3d 749, 750-751 [2d Dept 2019]; CPLR 2221 [e]).

Contrary to defendants’ contentions, the videotape of the confession of one of the defendants who participated in the scheme and the statements others provided to the police and DFS are admissible as party admissions (see People v Soto, 26 NY3d 455, 461 [2015]; People v Caban, 5 NY3d 143, 150-151 n [2005]). Plaintiff demonstrated the authenticity of this material by proof of the complete chain of custody (see People v Price, 29 NY3d 472, 481-482 [2017]).

Defendants failed to submit any evidence controverting plaintiff’s proof that the accident was staged. Concur—Kapnick, J.P., Singh, Kennedy, Mendez, JJ.

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

No covered accident (founded belief)

Open the full map

Did the insurer show the claimed injuries did not arise from a covered accident (staged, intentional, or unrelated)?

This decision: Insurer proved the injuries did not arise from a covered accident

On renewal, granted the insurer summary judgment declaring no coverage because a passenger's authenticated videotaped confession and other participants' statements, admissible as party admissions, proved the accident was staged and stood uncontroverted.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 9
  • Appellate TermApp Term 8
  • Trial courtsTrial 11
2011, Court of Appeals: 1 decision (1 Defense not shown)2022, Appellate Division: 3 decisions (3 Defense established)2021, Appellate Division: 1 decision (1 Defense established)2020, Appellate Division: 1 decision (1 Defense established)2024, Appellate Division: 1 decision (1 Defense established)2025, Appellate Division: 2 decisions (2 Defense established)2023, Appellate Division: 1 decision (1 Defense established)2017, Appellate Term: 2 decisions (2 Triable issue)2013, Appellate Term: 1 decision (1 Defense established)2009, Appellate Term: 1 decision (1 Defense not shown)2007, Appellate Term: 3 decisions (1 Triable issue, 2 Defense not shown)2005, Appellate Term: 1 decision (1 Defense not shown)2022, Trial courts: 1 decision (1 Defense established)2020, Trial courts: 2 decisions (2 Insurer's motion fails)2018, Trial courts: 2 decisions (1 Defense established, 1 Triable issue)2009, Trial courts: 1 decision (1 Defense not shown)2008, Trial courts: 1 decision (1 Triable issue)2004, Trial courts: 1 decision (1 Defense not shown)2024, Trial courts: 1 decision (1 Defense established)2025, Trial courts: 2 decisions (1 Defense established, 1 Triable issue)This decision
20052010201520202025
Defense establishedTriable issueInsurer's motion failsDefense not shownThis decision

Of the 29 decisions on this question in the First Department courts and the Court of Appeals, 14 (this one included) are in the same category.

Similar decisions

  • Progressive Advanced Ins. Co. v McAdam (2016 NY Slip Op 03484)The insurer failed to establish staged collisions or proper mailing of EUO requests through admissible proof.
  • National Gen. Ins. Online, Inc. v Blasco (2022 NY Slip Op 06252)The insurers established through admissible evidence that the collisions were intentionally caused or staged, defeating no-fault coverage.
  • Nationwide Gen. Ins. Co. v Bates (2015 NY Slip Op 06122)The insurer failed to establish through admissible evidence that three collisions were staged to obtain insurance benefits.
  • Adirondack Ins. Exch. v Rodriguez (2023 NY Slip Op 02095)The insurers established that two collisions were intentional and excluded from no-fault coverage, including coverage for innocent third parties.
  • Webster Diagnostic Medicine, P.C. v State Farm Ins. Co. (2007 NY Slip Op 27134)The insurer's conclusory fraud allegations and passenger EUO discrepancies failed to establish a founded belief of noncoverage.
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