The Internet continues to lead to interesting issues of personal jurisdiction arising in cases in New York courts. For instance, the New York Court of Appeals has granted leave to appeal in a case in which the plaintiff is asserting claims for defamation and argues that the trial court should assert long-arm jurisdiction over the

Please click the link below to view Ensuring Product Integrity and Trust in Your Supply Chain. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Ensuring Product Integrity and Trust in Your Supply Chain

The U.S. Department of Health and Human Services (HHS) announced on September 28, 2011, the launching of the Comprehensive Primary Care (CPC) initiative. This is another initiative made possible by the Affordable Care Act to promote greater integration, collaboration, and coordination among providers in the delivery of efficient and quality of care.

Led by

Court Rules Acts Of Alleged Sexual Abuse Over Years Are Multiple Occurrences Implicating Multiple SIRs

A mother of a minor girl sued the Roman Catholic Diocese of Brooklyn, alleging that the Reverend James Smith had sexually abused the girl over a number of years. The Diocese then sued its insurer for reimbursement of defense

The federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) has become a potent tool in the New York automobile insurance industry’s efforts to combat no-fault insurance fraud. The author of this article describes how insurers may successfully plead and prove their RICO claims – with the attendant treble damages and attorneys’ fees – by

The plaintiff in this case, a chiropractor, worked for Alcott Staff Leasing, Inc., as a medical peer reviewer. In August 2006, she stopped working for Alcott and applied for long term disability benefits; her request was denied based on a pre-existing condition exclusion in the policy, which defined a pre-existing condition as a sickness or

Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim

After he was hired to deliver casing and oversee its installation in an oil well, the insured delivered the casing but removed more, as excess, than he should have. As a result of this error, the well was too shallow. The well owner had the well reworked and sued the insured to recover its

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Billing for Drug Overfill: New Compliance Risk or Old Prohibition?

Building on its successful program that targets and recovers improper Medicare payments, on September 14, 2011, the Centers for Medicare & Medicaid Services issued a final rule to establish a Medicaid Recovery Audit Contractor (RAC) program. The Medicaid RAC program, part of the Patient Protection and Affordable Care Act which expanded the RAC program to

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When the Government Knows Too Much for its Own Good

In 2004, the American Institute of Certified Public Accountants (“AICPA”) and Prudential Insurance Company of America entered into a group insurance contract through which AICPA members could obtain life insurance on the lives of their dependents. Pursuant to this arrangement, an application was filed with Prudential in the spring of 2004 for life insurance on

Assault And Battery Exclusion Bars Coverage Where Security Guard Allegedly Threw Glass At Plaintiff’s Face

After a fight broke out at the “Beauty Bar” in Manhattan, a woman sued Jinx-Proof Inc., contending that she had been injured when a security guard threw a glass at her face. Jinx-Proof’s commercial general liability insurer asserted

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Poor Judgment, Uninsured Loss

Copyright © 2011 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Beth Abraham Health Services, a non-profit organization located in the Bronx that provides residential and community-based health care services for adults, hired the plaintiff in this case in October 1997 as an Authorization Specialist. The plaintiff’s main duty was to input information obtained from doctors, nurses, and others into a single, electronically-stored document called a