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An insurer cannot be compelled to concede liability and settle a questionable claim simply because an opportunity to settle is presented.viii) Negligent Entrustment Negligent entrustment is a cause of action in New York.If the negligent act by the employee was outside the scope of his employment so that his acts constitute an abandonment of his service, and there was no expressed or implied consent by the employer for the employee to perform that act, there is no liability for the employer. The employer’s negligence consists of placing the employee in a position to cause foreseeable harm, which most probably would not have occurred had the employer taken reasonable care in the hiring of employees.An employee making a minor deviation from work-related activities is still acting with the scope of his employment for the purposes of for the negligent acts of the independent contractor. In New York, an employer may be liable for an employee’s conduct if the employee was not properly trained or supervised.Under the Transportation Equity Act of 2005, an owner of a motor vehicle cannot be held liable for harm to persons or property that arise from the use, operation or possession of that vehicle if the owner is in the business of renting or leasing motor vehicles and there is no negligence or criminal wrongdoing by the owner. However, it has been held that such a duty to supervise does not extend to common and ordinary activities associated with the performance of the employee’s job.v) Negligent Infliction Of Emotional Distress A cause of action for negligent infliction of emotional distress is often referred to in New York as a “Zone of Danger” action because the observer-plaintiff must face actual risk of physical harm to recover damages.
However, unlike marriage, pregnancy does not generally lead to emancipation unless circumstances are such that the pregnant minor is living independently of her own parents. states, a pregnant minor child remains entitled to child support as long as she is under the age of 18.A cause of action for wrongful death requires the following elements: (1) death; (2) defendant’s wrongful conduct which gave rise to a cause of action that could have been brought by the decedent had the death not occurred; (3) distributees who sustained a pecuniary loss and (4) the appointment of a personal representative for the decedent.See Section 5-4.1 of the Estates, Powers and Trusts Law.The emancipated minor must be self-supporting and living independently. The following overview explains the basics of emancipation of a minor.Chart providing details of New York Legal Ages Laws This section provides information on the emancipation process, from the basics of emancipation law and age restrictions to the rights and responsibilities that come with it.
Notably, in New York, an aunt, uncle and grandmother have been found to be lacking the “intimate familial relationship” required to establish a claim for negligent infliction of emotional distress.