Legal Issues

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Arbitrators No-Fault Decision Upheld

Plaintiff medical provider sought to vacate a no-fault master arbitration award pursuant to CPLR 7511. Respondent insurer submitted a reply to petition but the respondent was not present at oral argument therefore the reply was not considered and the decision was rendered on default.

Superintendent Has Wide Discretion to Determine Untrustworthy Conduct

ALBANY, N.Y., April 18 – The determination by the Superintendent of Insurance to revoke an insurance agents license for fraudulent and dishonest practices has been upheld by the Appellate Division Third Department.

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.

More Consumers Utilizing External Appeal Program

NEW YORK, N.Y., April 5 – A report released by the Insurance Department shows that there has been increased utilization of the states External Appeal Law, which allows New Yorkers to challenge and potentially overturn their insurer or health maintenance organizations (HMO) denial of coverage on the grounds that a procedure, treatment or piece of medical equipment is deemed experimental, investigational, or not medically necessary.

Tort Reform Proposal Defeated

OKLAHOMA CITY, Okla., April 5 – The American Insurance Association (AIA) expressed dismay at the defeat of a tort reform proposal.

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.

Horizon Injunction Denied

TRENTON, N.J., March 21 – A tax court judge refused to grant an injunction to stop the state from imposing a $36 million premium tax against Horizon Blue Cross Blue Shield, the states largest health insurance company.

N.J. Court Simplifies Companies Ability to Sue for Fraud

TRENTON, N.J., March 16 – The New Jersey Supreme Court lowered the standard for insurance companies to sue policyholders who file fake insurance claims.

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.

The Verbal Threshold Debate

When New Jerseys Automobile Insurance Competition and Choice Act was signed into law in June 2003, it had widespread support as the solution to what everyone agreed was a genuine crisis in auto insurance in the state. There were, as always, a few nay-sayers, like Robert J. Hunter, coordinator for the Consumer Federation of America and a former Texas insurance commissioner, who argued that New Jerseyans [would] rue the day that this became law.

NAMIC Outlines Opposition to Multi-State Class Action

INDIANAPOLIS, Ind., March 10 – Members of the insurance industry have filed an amici curiae brief in a multi-state class action appeal which could have state vs. federal ramifications, according to the National Association of Mutual Insurance Companies (NAMIC). The case, Laughlin v. Allstate Insurance Company, is currently before the Washington State Supreme Court.

Supreme Court Agrees With Insurers

INDIANAPOLIS, Ind., March 3 – The state Supreme Court has upheld the Court of Appeals decision in Raleigh v. Performance Plumbing, dismissing the negligent hiring claims against the defendant. Members of the Raleigh family sued Performance for damages after they were involved in an accident with a company employee.

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.

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?

Insured Liable for Damages Due to Insolvent Insurer

TRENTON, N.J., February 3 – An insured is still responsible for any awards over $300,000, even though they had coverage up to $1 million that became void when his insurance company went insolvent, the state supreme court reluctantly ruled in an automobile injury case.

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.

Roslyn School Board Scandal Shows Importance of Prompt Notice

The recent Roslyn, Long Island, school board corruption scandal illustrates the importance of placing insurance companies on notice of claims in a timely manner, especially when New York law potentially is applicable.

Bills Introduced to Restore Quality of Life Definition

TRENTON, N.J., January 22 – The new legislative session has hardly started but already there are four bills introduced to restore the quality of life definition as a permanent injury to pierce the lawsuit threshold for pain and suffering lawsuits.

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.

ULR Reaches Settlement With Spitzer, Mills

ALBANY, N.Y., January 9 – National insurance company Universal Life Resources (ULR) and its president and CEO Douglas Cox will pay $2 million in restitution to policyholders in order to resolve allegation of fraud and anti-competitive practices brought by New York State Attorney General Eliot Spitzer and Insurance Department Superintendent Howard Mills. The San Diego, California-based consulting firm, which specializes in life, accident and disability benefits, will also adopt new business practices and fees to avoid future conflicts of interest.

Showing 121 to 143 of 143 items.  Page: < 1 2 3 4 5 6

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