An insurance company that first sought to cancel an insurance policy based on an alleged misrepresentation in an application for the policy waived its right to subsequently seek to have the policy declared void ab initio, a federal district court in Connecticut has ruled. Moreover, the court also decided, the insurer was equitably estopped from

A life insurance carrier may rescind a life insurance policy that it issued after it received an application from the insured, performed a medical exam on the insured, and obtained a form from the insured that misrepresented that there had been no changes to his health since the medical exam, a federal district court in

A federal district court has decided that an insurance company’s “conclusory” allegations that applications contained false statements amounting to fraud were insufficient to withstand a motion to dismiss. 

The Case

An insurance company alleged that there were false statements made in insurance applications and filed suit against Risk Placement Services, Gloria Lam, and Joan Vascones

The plaintiffs in this case brought a class action in federal court against Comcast Corporation and Comcast Cable Communications Management, LLC, alleging among other things that the defendants had violated the Illinois Wage Payment and Collection Act (IWPCA) which requires every employer “at least semi-monthly, to pay every employee all wages earned during the semi-monthly pay

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Optics Maker Burnt In Magnifying Glass IP Row Against Rival

Reprinted with permission from Law360. 

On January 22, 2013, Governor Andrew Cuomo issued the Executive Budget for 2013-2014.[1]  The plan proposed, without the addition of federal aid, a $136.4 billion state budget, which is a 1.9% increase over the prior year. The major proposals, discussed below, focused on reduced spending and increased efficiency. 

Cost Cutting

The plan extended the 2%

Significant changes to New York’s Certificate of Need (“CON”) process are underway.  The Public Health and Health Planning Council (“PHHPC”) was charged last year by Governor Cuomo and Health Commissioner Shah with redesigning the CON system in light of the recommendations and requirements of both the Affordable Care Act and the Medicaid Redesign Team.  PHHPC’s

An obscure provision in the American Taxpayer Relief Act of 2012 (“ATRA”) extends the time period to recover non-fraudulent Medicare overpayments from three to five years.  However, its impact on healthcare providers remains uncertain. 

Previously, the Centers for Medicare & Medicaid Services (“CMS”) was limited to recovering non-fraudulent overpayments by a three year limitation period

Since its enactment in 1996, the Health Insurance Portability and Accountability Act (“HIPAA”) has prohibited covered entities from using or disclosing a patient’s individually identifiable health information except either as HIPAA permits or requires or as the patient authorizes in writing.  Last month, the U.S. Department of Health and Human Services (“HHS”) published a final

No-fault insurance fraud continues to plague New York, with estimates of its cost to consumers and insurance carriers reaching hundreds of millions of dollars.[1] The growing wave of fraud persists notwithstanding efforts by federal and state prosecutors to bring criminal actions seeking to punish alleged fraud[2] – and despite guilty pleas in some of these actions.[3] 

Court, Not Arbitrator, Must Decide Whether Accident Involved an Uninsured Motorist

After Alexander Aizin was involved in a motor vehicle accident, he sought arbitration of his claim against his automobile insurer for uninsured motorist benefits. The insurer moved for a stay of arbitration, arguing that, based upon the police accident report, Aizin was not involved

The U.S. Court of Appeals for the Second Circuit has ruled that a former employee of the Central Islip Public Library may not bring an employment discrimination claim against the library under Title II of the Americans with Disabilities Act (“ADA”).

The circuit court’s decision, in which Rivkin Radler LLP represented the library, resolves an

After working for Advantage Health Physician Network for about 18 months, the plaintiff in this case began taking intermittent leave under the Family and Medical Leave Act, claiming that she was incapacitated from pain from a back injury she had sustained years earlier. About five weeks into her leave, several of her coworkers saw pictures

The Colorado Supreme Court has reversed an intermediate appellate court and decided that the pollution exclusion in a commercial general liability (“CGL”) insurance policy issued to a restaurant barred coverage under the policy of claims against the restaurant that arose after it dumped cooking grease into the sewer and created a grease clog. 

The Case

The Supreme Court of Idaho has rejected a minor league baseball team’s argument that the “Baseball Rule” limited its duty to spectators hit by foul balls.   

The Case

Bud Rountree was struck by a baseball while attending a minor league baseball game and, as a result, lost an eye. He sued the team and a