Legal Issues

Showing 73 to 96 of 143 items.
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U.S. Judge Denies Flood Exclusion For Levee Breaks

NU ONLINE NEWS SERVICE, November 29 – A federal judge has ruled that the policies issued by many insurers do not exclude claims for water damage caused when hurricane Katrina breached the New Orleans levees.

Second Department: Serious Injury Not Required in UIM Claims

In a surprising decision, the Appellate Division has rewritten the common knowledge of UIM practice by ruling that there is no requirement that a UIM claimant prove that he has suffered a serious injury " even though the regulations say so.

Jurisdiction for New Jersey Accident is New Jersey

In this personal injury action, the infant plaintiff, a resident of New Jersey, and a student in the Fair Lawn Public Schools, was hurt while on an outing at defendant Happiness is Camping, Inc.s (HIC) campground in New Jersey. The Fair Lawn Board of Education arranged the school outing.

City Fails in Bid to Block GHI, HIP Merger

NEW YORK, N.Y., November 16 – New York City filed suit in Manhattan federal court in an attempt to block the merger of New York health care giants HIP and GHI, according to New York City corporation counsel Michael A. Cardozo, however The New York Times reported that merger took place as scheduled after a ruling by Judge Kenneth M. Karas on the matter.

The Hartford, SEC Settle Directed Brokerage Charges

WASHINGTON, D.C., November 8 – Three subsidiaries of The Hartford Financial Services Group, Inc. will pay $55 million to settle charges that they misrepresented and failed to disclose to fund shareholders and the funds boards of directors their use of fund assets to pay for the marketing and distribution of Hartford mutual funds and annuities, according to the Securities and Exchange Commission.

Appeals Hearing Held on Use of Credit Scoring

An appeals hearing has been held regarding the legality of using credit-based insurance scores in determining insurance rates.

School Should Conduct Inspection When Bus Contractor Subcontracts Work

In an uninsured motorist subrogation suit, a Supreme Court judge has held that a schools traditional immunity from liability when using an independent contractor for bus services may lose that immunity if it knows that the bus company is subcontracting out the work, and the school does not take steps to ensure that the subcontractor is properly insured and licensed.

Oxford, Spitzer Reach Agreement Regarding Coverage for Adopted Children Outside Service Area

ALBANY, N.Y., November 2 – Oxford Health Plans reached an agreement with Attorney General Eliot Spitzer, resulting in their coverage of adopted children who do not reside with the parent or in the plans service area. The agreement followed an investigation by the Attorney General of the extent of Oxfords coverage.

N.Y. Court of Appeals Upholds WHWA

ALBANY, N.Y., November 1 – In a 6-0 decision, the New York Court of Appeals upheld the constitutionality of the Womens Health and Wellness Act (WHWA). Judge Eugene Pigott did not participate.

Negotiated Agreement Means Tenant Must Indemnify Landlord for Damage

ALBANY, N.Y., October 30 – The New York Court of Appeals, in a 6-0 decision, ruled that the enforceability of an indemnification provision in the commercial lease, coupled with an insurance procurement provision, obligates the tenant to indemnify the landlord for its share of liability when damage occurs. Newly appointed judge, Eugene Pigott, did not participate.

Spitzer Files Complaint Against Pa.-Based Coventry First LLC

ALBANY, N.Y., October 27 – A civil complaint was filed against life settlement industry leader Coventry First LLC, based in Philadelphia, Pa., on October 26 in State Supreme Court in Manhattan by Attorney General Eliot Spitzer. The complaint alleges that the industry leader made secret payments, dubbed co-brokering fees, to life settlement brokers, the Allsettled Group, based in New York City. In exchange for these payments, the brokers suppressed competitive bids from other life settlement companies, violating New Yorks antitrust statutes and inducing brokers to commit fraud.

Queens County Judge Declares Federal Vicarious Liability Preemption Unconstitutional

A judge in the Supreme Court, Queens County has challenged the constitutionality of The Transportation Equity Act of 2005 " in particular, the federal governments preemption of New York State law with respect to vicarious liability.

Medical Necessity Defense Applies to Radiologists Who Do MRIs by Prescription

Plaintiff commenced this action to recover no-fault benefits for three MRIs of the brain, lumbosacral spine, and cervical spine. At trial, after the parties stipulated to the admission of documents to establish plaintiffs prima facie case, defendants expert medical witness, who had performed a peer review on defendants behalf, testified that the MRI services rendered to plaintiffs assignor were not medically necessary.

Bad Faith and Breach of Insurance Contract Not Separate Torts

Unlike most states, New Yorks definition of insurer bad faith is very specific and sets a relatively high bar for claimants. There are two different sets of standards: one for liability claims, and one for first party claims. This case involved first party claims.

Court Rules WTC Attack Was Both One Event and Two Events

NU Online News Service, October 19 – A federal appeals court has upheld separate jury verdicts that took differing views of whether the September 11, 2001 terrorists destruction of the World Trade Center involved single or multiple insurance claims.

ING Settles NYSUT Annuity Impropriety Charges

ALBANY, N.Y., October 16 – Dutch insurance giant ING has agreed to pay $30 million and make sweeping reforms to settle a hidden influence charge over marketing practices of retirement products for 50,000 upstate teachers in New Yorks largest teachers union.

Horizon, Doctors Settle Four-Year Dispute

NEWARK, N.J., October 16 – An agreement between doctors and Horizon Blue Cross/Blue Shield was announced, ending a four-year battle over late and reduced payments.

Survey Analyzes Litigation Trends in U.S. and Abroad

NEW YORK, N.Y., October 10 – U.S. companies face an average of 305 pending lawsuits internationally, and for large U.S. companies " those with $1 billion or more in annual gross revenue " that number rises to 556 cases, with an average of 50 new disputes emerging each year for close to half of them, according to a new survey conducted by Fulbright & Jaworski LLP, an international law firm.

Claim Does Not Show Exception to Coming and Going Rule

In this case before a Connecticut Workers Compensation Review Board (CRB) panel (Linda Matteau V. Mohegan Sun Casino), the claimant is unable to collect workers compensation benefits for a motor vehicle accident in which she was involved while enroute to her employers place of business, Mohegan Sun Casino, because her situation does not demonstrate an exception to the states coming and going rule.

Agents Associations, AGs Spar Over Zurich Settlements

PIA National and IIABA have filed amicus curiae briefs in the United States District Court for the District of New Jersey in which they oppose certain parts of a multi-state settlement that Zurich reached with 10 state attorneys general in March, and a three-state settlement reached with the attorneys general of New York, Connecticut, and Illinois. Both settlements dealt with producer disclosure issues.

Village Has No Lien on Cops UIM Claim

In this action for a declaratory judgment, the plaintiff appealed from an order of the Supreme Court, Nassau County (Parga, J.), which denied his motion for summary judgment declaring that he was not obligated to reimburse the Village of Lake Success for the money paid to him pursuant to General Municipal Law 207-c, and granted the cross motion of the village for summary judgment.

Independent Cause of Action for Attorney Fees Does Not Survive on Its Own

General Assurance appealed from an order of the Civil Court, New York County (Peter H. Moulton, J.), which granted summary judgment in favor of plaintiff Response Medical Equipment and denied its cross motion which sought to dismiss plaintiffs counsels independent cause of action for attorneys fees.

Shareholder Nomination Rules Shakeup in the Courts

Shareholders should be allowed to consider proposals that seek to establish a procedure by which shareholder-nominated candidates for a companys board may be included on the corporate ballot, according to a ruling by the United States Court of Appeals for the Second District.

Failure to Submit Proper Form Negates Access to Benefits

Defendant Motor Vehicle Accident Indemnification Corporation (MVAIC) moved for an order granting summary judgment.

Showing 73 to 96 of 143 items.
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