2006-2008

Showing 121 to 144 of 144 items.  Page: < 1 2 3 4 5 6

Timely Denial Does Not Mean Payments Are Overdue

Plaintiffs motion for summary judgment in this no-fault benefits case required the court to clarify what facts a first-party no-fault plaintiff must set forth in order to establish that its claim is overdue.

Hankering for a Fair Trial

Dashing David Boies, deliberating on client Maurice Hank Greenbergs upcoming ordeal tried a different approach: Hes too famous to get a fair trial, Boies told a student audience at the New York University School of Law. The legal system disadvantages the rich and famous, just as it does the impoverished and obscure, Boies said. More often than not, the people you are defending have disadvantages, and those are not always of race and poverty, Boies said, adding, Those disadvantages can simply be having a high public profile and being somebody people want to attack. Greenberg, Boies said, has clearly gotten more scrutiny than he would have.

Generally Accepted Medical Practice Clears Way for No-Fault Benefits

Plaintiff medical services provider sued to recover $2,143.90 in fees for services it provided to assignor Nato Seselia for EMG/NCV tests.

Ludicrous Anti-Lobbying Laws

Two events held recently deserve recording in the Insurance Advocate: LICONYs splendid Annual Dinner and IIABNYs successful L Day. These events have particular importance this year, as they may be the last of their type. The states ludicrous new lobbying laws will preclude department, elected and other officials from attending such events unless silly guidelines are met. Its ultimately a distrust thing that will make business influence in the state rather difficult.

No-Fault Claims Still Unpaid Under Old Regulations Can Be Challenged

The plaintiffs in this lawsuit are no-fault insurance companies. Plaintiffs claim they owe nothing to defendant medical providers because of defendants violation of various statutes pertaining to the organization of medical corporations and because of defendants fraudulent billing. Plaintiffs seek to recover, from defendants, no- fault payments that plaintiffs made to them for medical services that defendants rendered to persons covered under automobile insurance policies that plaintiffs issued. Plaintiffs also seek a declaratory judgment that they have no obligation to pay defendants for claims defendants have submitted, but which plaintiffs have not yet paid.

Meetings Can Make or Break Your Career

How much time do we all spend in meetings? Some are effective; some arent. They take time away from our abilities to do other things. Sometimes theyre boring and wasteful; sometimes theyre not.

GEICOs First Oops

Many of our Senators and Assembly-men grew up during the 1960s. That turbulent era saw many young people involved in our civil rights movement. With that mindset, it is easy to understand a loud outrage to any form of discrimination.

Wake Up With IFNY

The Insurance Federation of New York has set its first 2006 event for March 10, when Superintendent Mills will be featured at the federations Breakfast With at 8:00 A.M., with presentation at 8:30 A.M. Location: AIGs Training Center at 70 Pine Street. Of course, youve got to be a member in good standing and reserve pronto to be a part of it. Call 914-966-3180 extension 110 for information.

Recovering Basic PIP Payments From Non-Covered Person Allowed, Sometimes

Can a no-fault insurer who has paid first party benefits to a covered person as a result of an auto accident recover basic PIP payments against a non-covered person?

Judge Contradicts Established Case Law

Plaintiff was involved in an automobile collision. Plaintiff, in his mid-70s at the time of the accident, alleged in his bill of particulars that he suffered various physical injuries involving the spine plus serious psychological injuries, including post traumatic stress disorder, depression, anxiety, an inability to concentrate and a phobia of driving.

Double-Digit Profits

In one year, $774 million of auto insurance profits were made in New Jersey. This is according to a recent analysis released by the National Association of Insurance Commissioners (NAIC), a nonpartisan group of regulators from every state. The NAIC, along with a countrywide publication, the Auto Insurance Report compiled and reviewed this data. These numbers are the most honest and accurate available.

On the Books

Insurance Advocate readers " particularly association leaders " may be interested in laws taking effect across the country in 2006. We offer a run down of some of the innovative measures that might prove useful in New York and New Jersey.

Late Proof of Claim OK After Timely Notice

On June 8, 2003, 16-year-old Deanna Delaney sustained serious injuries while a passenger in a vehicle that was involved in a single vehicle accident in Tennessee. Her mother, Penny Mackey, was an insured under a policy issued by Nationwide that included SUM coverage of $25,000 per person, $50,000 per accident.

In Certain Cases, WC Insurer Can Recover From No-Fault Carrier

Does a workers compensation insurer (or self-insurer) have a right to recover WC medical and lost wage benefits from the no-fault carrier of a vehicle in which a worker is injured during the course of his employment?

Its Time to Wake Up, Albany

Long-abused New York drivers have paid among the nations highest auto premiums while octopus-like staged accident rings ran amok for years.

10 for 2006

Its that time of year for year-end results and all manner of lists, those inevitable lists, looking back at the Best of, Least of and the rest.

A New Year, A New Governor

During Januarys gubernatorial ceremonies, a 19-gun salute roared in Trenton for Governor Jon Corzine. Departing Governor Dick Codey leaned over to Corzine and whispered, Beware, one day theyll be shooting at you! And thats really the truth. It may be property tax increases, pay-to-play issues, or even car insurance woes. The man at the top gets the blame or credit. Although, sometimes the blame falls to a commissioner.

Broker Did Not Breach Fiduciary Duty

For approximately the past 40 years, Felsen has been the insurance broker for the Scotto brothers in their various enterprises. Plaintiffs alleged that Felsen represented itself as an expert in the insurance field. They also allege that Felsen acted as a de facto risk manager for their various business entities.

Mallela Does Not Apply Retroactively

The question in these 12 consolidated no-fault suits was: Should the decision of the New York Court of Appeals in State Farm v. Mallela, also known in the no-fault bar as Mallela III, be applied retroactively? That case denied no-fault benefits to plaintiff providers that were organized fraudulently.

Bus Must Let Passengers Off in Safe Place

Plaintiff was injured when she stepped from a bus into a defect in the pavement. A Kings County jury returned a verdict for plaintiff. The Appellate Division affirmed.

The New Business Etiquette

OK, so what is all this hubbub about the NEW business etiquette? What is so new about etiquette?

Plaintiffs Own Testimony Dooms Case

Plaintiff fell down a flight of stairs at defendant dentists office. Plaintiff maintains that she fell because it was dark and she did not see water on the steps. She concluded that the fall had to have been caused by the water because her pants were wet after the fall. Defendant moved for summary judgment motion pursuant to CPLR 3212 requesting dismissal on the ground that it did not have notice of the water on the steps. Plaintiff opposed the motion and cross-moved for leave to amend the bill of particulars to include the claim that plaintiff fell due to poor lighting.

Summary Judgment Based on Policy Exclusion Denied

Plaintiff 11 Essex Street Corp. made a claim for property damage to its building and for loss of business income under its insurance policy with defendant Tower Insurance Company of New York. Plaintiffs building allegedly suffered extensive physical damage on February 12, 2002, as a result of excavation and demolition at an adjacent construction project at 7-9 Essex Street, in New York City. Plaintiff alleged that large amounts of earth and bedrock were removed from the adjacent property without adequate precautionary measures to prevent damage to neighboring land and structures. Tower denied coverage, invoking several policy exclusions.

Alphabet Soup Comes to a Boil as Leaders Look at Value of Certifications

Depending on how one does the math, there are somewhere between 100 and 200 designations for various specialties in financial services, many specific to insurance. The number of designations related to products and services for senior citizens has grown exponentially in recent years, and no wonder: the leading edge of the 76-million-person baby boomer generation, is reaching retirement, and of the elderlytheir parentsthe fastest growing group is over 85. On the one hand, this represents a great opportunity for innovation for insurers, agents, brokers, and advisors and for senior citizens to better protect their financial future. On the other hand, it is a development fraught with risk, not only for consumers but, some argue, for the industry itself.
Showing 121 to 144 of 144 items.  Page: < 1 2 3 4 5 6

hamond-ad-web.jpg

insurance_ed_ad.gif

ecommerce-solutions.gif