Our July Insurance Update is now available.  Strap in, because we’re headed on a cross-country journey.

We start out in New York where the Court of Appeals hands down an important ruling involving no-fault payments to non-physician controlled medical services corporations.

We then cross the bridge into New Jersey where that state’s Supreme Court considers

This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information.

Cambridge Analytica created personality quiz

On July 1, 2019, President Trump signed the Taxpayer First Act into law. The Act represents an important and welcome step toward improving technology and security while providing for an overall improved service experience for taxpayers interacting with the IRS.

The Act contains two parts. The main themes of the first portion of the Act

Nearly 15 years ago, in State Farm Mutual Automobile Ins. Co. v. Mallela, 4 N.Y.3d 313 (2005), the New York Court of Appeals ruled that an insurer may withhold payment under New York’s no-fault law for medical services provided by a professional medical corporation based on its “willful and material failure to abide by” the

It seems like five minutes ago you were teaching your children to play peek-a-boo, and now you’re sending them off to college. Along with laptops, textbooks and dorm furnishings, there’s one item no student should be without – a healthcare proxy.

Why might college students need this legal document, intended to help loved ones make

Insurers Need Not Prove Fraud To Deny No-Fault Payments To Healthcare Providers, New York Court Of Appeals Decides

After insurance companies stopped paying no-fault claims submitted by Andrew Carothers, M.D., P.C., a professional service corporation, as assignee, the PC sued the insurers. The insurers asserted that, under State Farm Mut. Auto. Ins. Co. v. Mallela,

Maybe you feel that the title to this bulletin is “immoral” or “scandalous,” or maybe you don’t.  Either way, in light of the U.S. Supreme Court’s recent decision in Iancu v. Brunetti, whether a word or term is “immoral” or “scandalous” is no longer relevant to whether that word or term can receive federal trademark

5th Circuit Applies Deferential Abuse-of-Discretion Standard of Review and Upholds Claim Administrator’s Application of Plan’s Weight-Loss Surgery Exclusion

The U.S. Court of Appeals for the Fifth Circuit has upheld the adverse benefit determination of a claim administrator of a health insurance benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) after

Commentary:

Dustin and Brooks have owned a business together for years. They have no agreement. Dustin wants to retire and work on his golf handicap. Brooks wants to keep working and expand the business. They agree that Brooks will buy Dustin’s interest in the business.

They get together with Rory, the company accountant, and they

Our June insurance update is now available.  Packed with cases, our update touches upon a variety of issues.

We start off with two state high court decisions.  One deals with faulty work, the other considers whether a third-party claims administrator must answer to a claim for bad faith.

Sticking with bad faith, a Delaware court

A plethora of federal laws address the proliferation of technology-enabled automated communications in a variety of areas, including finance, commerce, credit, and health. Although the general objective is to address individual privacy and data security concerns, each law contains distinct goals, technical requirements, and remedies if violated. One issue that continues to evolve is whether

It goes without saying that cybercrime is a growing concern. In April, the FBI released its annual IC3 (Internet Crime Complaint Center) Report, which showed that the FBI received over 350,000 cyber-crime complaints in 2018, with total losses of over $2.7 billion.

One common type of cyber crime is spoofing, which is the cyber version

On June 3, 2019, the United States Supreme Court ruled that Title VII’s charge-filing requirements, while mandatory, are not jurisdictional, and any objections will be deemed forfeited if an employer waits too long to raise them.

In Fort Bend County, Texas v. Davis, Respondent Davis filed a charge against her employer, Fort Bend County, with

Stuart Gordon’s and Matthew Spero’s article, “Marijuana Businesses in Bankruptcy: Courts Just Say No,” was published in the May 2019 issue of the Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Third Department Affirms Dismissal Of Coverage Case Filed More Than 24 Months After Loss

After a building in the city of Troy was burglarized, the building owner sought coverage for the damage.  On September 18, 2014, the insurer denied the claim because of the policy’s lack of coverage for theft and water damage.  On October