Please click the link below to view Risky Business: Rx Drugs Obtained in the Secondary Market. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Risky Business: Rx Drugs Obtained in the Secondary Market

On September 7, 2012, Governor Cuomo signed a new law, effective November 6, 2012, which amends Section 193 of the New York State Labor Law (the New York wage deduction statute).  As many of you are aware, over the last few years the New York State Department of Labor has taken the position in cases

This column typically focuses on insurance fraud trends, developments, and cases from New York.  Insurance fraud, however, goes well beyond this geographical area, and sometimes involves unusual, even bizarre, facts.  Locally, Nassau County District Attorney Kathleen Rice recently brought charges against Raymond Rother for allegedly conspiring with his son to fake his own drowning death

Please click the link below to view Attempting To Escape. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Attempting To Escape

Copyright © 2012 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Insurer’s Failure To Comply With Regulation Establishing Time Limits To Accept Or Reject Property Claims Does Not Preclude It From Relying Upon Exclusion To Disclaim Coverage

After a homeowner sued her insurer for compensation under her homeowner’s insurance policy for fire damage, the insurer raised affirmative defenses to coverage. The New York Court of

The plaintiff in this case held a research position at Cornell University’s Weill Medical College (WMC) since at least 1997. On September 26, 2001, the plaintiff received a termination letter, effective as of September 28, 2001.

On March 26, 2002, the plaintiff submitted a claim for disability benefits under WMC’s group long term disability insurance

A jury awarded a dentist $1,654,663.50 for injuries she suffered at the insured’s property. The insured demanded that its excess insurer, Philadelphia Indemnity Insurance Company, pay the amount in excess of its primary coverage amount. Philadelphia contended that it first received notice of the dentist’s suit (or claim) after judgment and denied coverage for

While “home is where the heart is”, “domicile” is where the tax savings reside.  Determining one’s domicile becomes very important when a person has connections with New York and another state, and they want to avoid being subject to New York State tax. 

New York State Tax Law Section 605(b) says simply that if you’re

The constitutionality of the Defense of Marriage Act (“DOMA”) is being questioned.  A New York court in Windsor v. United States, 833 F. Supp. 2d 394 (S.D.N.Y. 2012), is one of several federal courts that recently declared Section 3 of DOMA unconstitutional because it violates the equal protection clause of the Fifth Amendment to the

President Obama’s Budget Impacts Intentionally Defective Trusts

If President Obama’s 2013 budget proposal passes then a grantor trust would be included in the grantor’s estate or used to pay gift taxes if trust assets are distributed before the grantor’s death or the grantor ceases to be treated as the owner.  This attempt to deter the

Please click the link below to view the Trust, Estates & Taxation Newsletter-Fall 2012. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Trust, Estates & Taxation Newsletter-Fall 2012

Several thousand U.S. military personnel have recently returned or will soon return from tours of duty.  Employers have obligations to military personnel and their families under both state and federal laws.  

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of service members who are voluntarily or involuntarily absent from their

The past term’s insurance law decisions by the Court of Appeals generally did not involve the rather traditional slew of insurance coverage, insurance bad faith, and insurance fraud rulings that usually comprise the Court’s insurance law docket. The opinions, however, are by no means any less significant, or less interesting. Mostly rendered by a unanimous

New York health care providers employ almost one million employees in New York State and are subject to a wide array of employment laws as well as unique challenges and issues.  Most of these laws apply to health care providers regardless of whether they employ four or four thousand employees.  This column will briefly summarize

At a recent meeting, the Public Health and Health Planning Council (“PHHPC”) approved a preliminary plan to overhaul and streamline the Certificate of Need system in New York.  Previously, the plan was unanimously adopted by the Committee on Health Planning.  The plan is based on nine recommendations, which among other things, would reduce or