The plaintiffs in this case were employees of Xerox Corporation who left the company in the 1980s, received lump sum distributions of retirement benefits they had earned up to that point, and later were rehired. To account for the plaintiffs’ past distributions when calculating the present benefits to which they were entitled (i.e., to avoid

Please click the link below to view The Past, Present And Future of Mold Litigation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Past, Present And Future of Mold Litigation

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Insurance fraud continues to increase in New York,[1] and one area that is growing with particular vigor is no-fault insurance fraud. In response to the rise in no-fault fraud, the state Legislature is considering new legislation, and the New York State Department of Insurance is actively engaged in potentially substantial modifications to the regulations that

Second Circuit Opines That Limitations Period Begins To Run When Insureds’ Claim Against Homeowner’s Insurer Accrues

The insureds filed a claim with their homeowner’s insurer after their house began to collapse. The insurer denied coverage, and the insureds sued. The insurer maintained that the limitations period had expired, relying upon a policy provision that

Please click the link below to view the Health Law Bulletin – April/May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Health Law Bulletin – April/May 2010

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Law firms in New York and across the country are being targeted in counterfeit check schemes that, according to the federal government, typically have the following elements: Scammers send e-mail to a law firm, claiming to be overseas and seeking legal representation to collect delinquent payments from third parties in the U.S. The law

Please click the link below to view the Litigation & Appeals Law Alert – May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Litigation & Appeals Law Alert – May 2010

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Will Insurers Still Ride With Toyota?

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In September 2007, Triumph Apparel Corporation fired the plaintiff after approximately one year of employment after she refused either to accept part-time employment or to remain at work until 3:00 p.m. on Fridays. Asserting that Triumph had refused to accommodate her religious observance of the Jewish Sabbath, the plaintiff sued for employment discrimination on the

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How Liability Issues Ultimately Lead to Insurance Concerns

Until relatively recently, individuals who had taken out life insurance policies to protect their families in the event they died while their children were young or before they had finished college often would allow those policies to lapse or would surrender them to their insurance companies in exchange for the stated surrender value when they

As part of its presentation to the U.S. Food and Drug Administration about America’s increased dependence on the Internet for health information (and the role that Google can play in that regard), Google estimated that more than 100 million Americans conduct 4.6 billion health-related keyword searches annually.[1] Similarly, a study by the Pew Internet and

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What Insurers Need To Know When Investigating and Adjusting Mortgage Claims

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Employee Driving His Own Leased Car While Working Is Not An Insured Under Employer’s Auto Insurance Policy

While driving his own leased car to the bank to make a deposit for his employer, Regional Integrated Logistics, Michael Hale was involved in an accident. The insurer that had issued a commercial automobile insurance policy to

In many situations, courts refuse to enforce oral contracts because of state laws known as the “Statute of Frauds.” There are numerous instances, however, where courts will find that the Statute of Frauds does not bar enforcement of an oral agreement. Whether the Statute of Frauds barred an alleged oral agreement was at the heart