2006-2008

Showing 49 to 72 of 144 items.  Page: < 1 2 3 4 5 6 >

Prized Service

Dr. Sharon Emek, Ph.D., chairperson of the 125-year-old Independent Insurance Agents & Brokers of New York, Inc., earned the Sidney O. Smith Award for her active advocacy on agents behalf. Emek received the honor on April 25 at the Independent Insurance Agents & Brokers of Americas 2007 Big I National Legislative Conference and Convention in Washington, D.C.

Claim Excluded Because Homeowner Not Residing at Premises

Tower brought this DJ action seeking a judgment holding that it has no duty to defend or indemnify the insured in an underlying personal injury action which arose out of a trip and fall at 35-36 9th Street, Long Island City.

No-Fault Denials Based on Peer Reviews Need Not Cite Medical Rationale to Be Valid

In a set of three new decisions, the Appellate Division, Second Department, has changed a major factor in no-fault litigation by holding, for the first time, that an insurers denial of benefits (form NF-10) that is based on the findings of a peer review report, need not cite the medical rationale of the peer review in the denial. These three decisions overrule the prevailing case law, which has held that denials are not valid if they do not recite the medical rationale stated by the peer reviewer.

A Question to Commissioner Goldman

Did you ever notice how some regulators have completely different perspectives? It is the way they approach a question and view it.

Walking Washington

We live in a great country. Im foregoing my originally planned article this time because I just returned with other PIA delegates from Washington, D.C. and I need to share my enthusiasm. Ive been going to Washington with the Professional Insurance Agents for five years for the annual Federal Legislative Summit now. Its such a great experience I can barely contain my excitement.

He Sounds Serious

The field of current candidates from both parties for U.S. president does not inspire much confidence. There is no requisite experience model for the USAs CEO, but the current crop seems painfully thin in foreign affairs and extremely partisan in domestic affairs. While I cannot help but hold admiration for McCain and Giuliani, my reasons have little to do with their fitness for the White House, but Ill stop there, because this publication is not the place for axe-grinding or for politics per se.

Earth Movement Exclusion Does Not Apply to Building Cracks Caused by Excavation

Plaintiff moved for summary judgment for an order declaring that the damage sustained to plaintiffs premises was within the scope of coverage of the policy issued by State Farm. State Farm cross-moved for summary judgment.

Lack of Notice Not Sufficient to Vacate Arbitration Award

Clarendon brought this petition to vacate an arbitration award made by Arbitration Forums Inc. Clarendon alleged that its first notice of the arbitration proceeding was a second notice seeking to collect on the award. Further, it alleged that it did not have coverage on the vehicle in which the claimant, Catherine Pedersen, was an occupant at the time of her work-related accident. Instead, alleged Clarendon, a DMV abstract showed that Liberty Mutual insured the subject vehicle on the date of loss.

Pushing N.Y. Legislative Leopards to Change Their Spots

Explorers recently discovered an entirely new species of leopard in Borneo: the clouded leopard. So, in the jungle at least, leopards can change spots.

The Role of the Middle Man

The life of an independent insurance agent is all about being the middle man. You only have to listen to a GEICO ad to know that is true. Cut out the middle man and save 15 percent.

As April 15 Approaches

As April 15 approaches, heres a simple thought. For those agents who have learned where the gold is in life products, this will be academic. But for those not yet convinced to offer life products aggressively or to partner with a financial services organization it may come as a good idea: look at a 1040 form carefully or at a business tax filing and see how many areas for savings, for tax deduction, and for client-glue inhere in this form. Life insurance, pension plans, and so much more are available to you and your insureds now for next April 15. A rather brilliant life agent saved my family some serious money by moving to a small business planning model some time ago. We are ever grateful.

Court Rules Time Limit for Filing UM Claim Had Not Expired

On May 31, 1998, a vehicle owned and operated by the respondent Melissa M. Rand was involved in a collision with a vehicle owned by Tracy Augustyne. Crystal Laureano was a passenger in Rands vehicle. In two separate letters dated June 10, 1998, the respondents attorney provided notice to Preferred Mutual Insurance Company of their uninsured/underinsured claim under Rands policy. In a letter dated July 7, 1998, Preferred Mutual informed the respondents attorney to forward copies of any legal papers and also instructed the respondents to complete and return Notice of Intention to Make Claim forms. It is undisputed that the respondents never completed and returned these forms, nor did they forward copies of any legal papers.

IFNY Hosts Superintendent Designate

Superintendent Designate Eric Dinallo has made precious few appearances during the first few weeks following his nomination. We caught one at the Insurance Federation of New Yorks (IFNY) Breakfast With on March 8 at the Mutual of America headquarters on Park Avenue. About 100 professionals and members of the federation gathered to hear the superintendent kick off a series of focal areas that his administration will be targeting. The highlights ranged from the recent workers comp legislation, to broker transparency " to which he referred twice, making reference to the British system and British Law which have now found there way here across the Atlantic. He also made reference to his staff in some rather interesting ways. He stated that some individuals in the department had quit, anticipating that they would be released, when in fact they might very well have been kept. This point was made in the larger context of his affirmation that appointments were largely non-partisan; that the department was above politics, and that the appointment process did not contemplate a Democratic Party department, per se, although clearly this factor must play into many key decisions.

Medical Providers, Applicants Same for Purpose of No-Fault Interest Start Date

This appeal was taken from an order of the Civil Court, Kings County (Milagros A. Matos, J.). The order granted plaintiffs motion for summary judgment to the extent that statutory interest on theclaims shall be calculated pursuant to 11 NYCRR 65.15(h)(1). The Appellate Term reversed and remanded to the court below for a new calculation of interest in accordance with this decision.

Agents Tired of Head in the Sand Attitude

I just returned from several days of meetings with the local independent agent boards that represent independent agents on Long Island as well as three New York City boroughs. To say they are frustrated is an understatement.

Gains and Losses

Losses have begun to mount in the entire region east of Lake Ontario, as this winters record-setting snows weigh down upon roofs and cause skidding and other serious accident conditions. It is always amazing to me how few accidents there are given the circumstances presented by record snow falls. It is testimony to the caution, care, and experience of upstate drivers that the records are nowhere near as bad or catastrophic as they might be.

State Farms Third-Party Action for Contribution Against Tortfeasor Falls

The Iyagehs commenced an action against the third-party defendants for damage caused to their property in May 2002. The third-party defendants settled with the Iyagehs. The Iyagehs then commenced this action against State Farm, their insurer, who denied their claim. State Farm in turn commenced the third-party action seeking indemnification and contribution. Third-Party defendants moved to dismiss the third-party action on the ground that the statute of limitations had run on this claim.

The Power of the Media

An article ran in Newsday recently reporting that Travelers had ceased writing new homeowners policies on Long Island. The company refuted the information, reached out to its agents directly and through the trade associations, and no doubt asked Newsday to retract the article. In fact, by 10:00 the same morning the story ran, Travelers had communicated assurances to its agents that Travelers Personal Lines has not changed or modified the property guidelines that we put into effect on September 4, 2006, and that we are in fact accepting new homeowners business in most areas of Long Island.

Policy Counts

Not sure if theres a subtle form of competition up on Northern Boulevard, but after my column reported that PRI had written its 13,000th doctor, we came upon a press release from First Rehab Life stating that the company had written its 100,000th active DBL policy. From what we know of John Baldwin, this press release is surely accurate and represents fruits of the ambition of a team of professionals that well deserve the 21 percent of eligible market share they now command. Over the years, Rick Weinstein and Emilio Miret, among others, have helped to bolster the companys place within the N.Y. market. This, plus an aggressive advertising and marketing program using face-to-face marketing (i.e., field reps), has helped this company make a mark in the New York State marketplace thats unmistakable. We congratulate, even if it is a bit belatedly, John Baldwin and the fine people at First Rehab Life.

Timely Disclaimer By Insurers Not Required

Plaintiff brought this action against its insurers seeking reimbursement for its attorneys fees and costs in an underlying action which had been commenced in the United States District Court for the Middle District of Florida. Supreme Court, Nassau County granted the plaintiffs motion for summary judgment, declaring that it was entitled to be reimbursed by the defendants in the principal sum of $104,370.74. The Appellate Division reversed.

Nuances

Early February events include the LICONY Annual Dinner and IIABNYs Legislative Day in Albany, two occasions to get a good measure of what the feel is for insurance in a changed legislature and new regulatory environment. We go to press before LICONYs dance, so we dont know who attended, and who missed, but we can say with certainty that nuances have begun to matter more, and friendships are being tested and tried.

Plaintiffs Fail to Prove That Employer Was Payroll Company, Rather Than Defendant

On November 13, 2003 plaintiffs were passengers on a bus owned by Penny Transportation and operated by Xavier Avery, when it collided with a motor vehicle owned by defendants Coney Island Transportation and 42 Transport, and operated by defendant Olawale Shonubi. Plaintiffs commenced the instant action to recover damages for injuries allegedly sustained as a result of the subject accident. Defendants moved for summary judgment dismissing the complaint.

Accountable

Five hundred million. Thats the number of claims in the ISO Claims Search database. Richard Boehning, ISO senior vice president, and a front line experienced claims pro, has understood all along the importance of this database to the NICB, and to the carriers as they run down the crooks who defraud the system.

Is Your Email Culture Strangling You?

Email. Our lives wouldnt be the same without it. It is a tool that has revolutionized the workplace, improved communication, and allowed employees to accomplish more in less time. However, if mismanaged, it can have a devastating affect on productivity and profits.

Showing 49 to 72 of 144 items.  Page: < 1 2 3 4 5 6 >

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