Our December Insurance Update touches upon a few familiar insurance issues, and some new ones.

We begin with a pair of cases addressing the number of occurrences, or in these cases, the number of accidents. The two cases involve similar facts – multiple collisions on a highway.  Both courts applied the “cause” theory.  In one

Steven Shapiro published an article in Nutrition Industry Executive, “What is Slack-fill & Why You Need to Know.”

Click here to read the article.

OMIG has issued updates to its certification process for applicable Medicaid and Managed Medicaid providers, which may have a significant impact on providers who are required to certify by December 31, 2018.

OMIG has expanded its certification to adopt five separate categories listed on the updated Social Services Law Certification Form: (i) Annual Certification, (ii)

Suffolk County will now join New York City, Albany County and Westchester County, in prohibiting employers from inquiring into the salary and benefits history of job applicants. The intent of the new law is to reduce pay inequality for women and minorities. Effective June 30, 2019, an employer, employment agency, employee or agent in Suffolk

The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status.

An L-1 visa permits

No Additional Insured Coverage For School District Under Named Insured’s Policy Where Named Insured Did Not Cause Its Employee’s Injury, 4th Department Rules

An employee of a company that contracted to provide janitorial services to a school district was allegedly injured when she slipped on snow or ice in the school parking lot. The injured

The December 31 deadline for certain Medicaid providers and third-party billers to certify as to the effectiveness of their compliance program is fast approaching.

New York State Medicaid providers and third-party billing companies who claim, bill, order or receive at least $500,000 in any consecutive 12-month period from the Medicaid Program or Managed Medicaid payors

It was a bountiful month in terms of insurance decisions.  And as a result, our November Insurance Update is like a “Thanksgiving Day feast.” With a healthy serving of decisions from state high courts, intermediate appellate courts, and federal circuit courts, our update touches upon first-party issues, third-party issues, and a case insurance brokers will

Steven Shapiro authored an article “Making and Using Endorsements” that was published in Natural Products Insider. The article discusses the need for brands working with celebrity or influencer endorsements to share all pertinent information with its consumers.

Click here to read the article.

Federal Court Remands Case to State Court Because ERISA Did Not Preempt Claims Against Health Insurer for Revealing Plaintiff’s HIV Status

A federal district court in California held that the Employee Retirement Income Security Act of 1974 (ERISA) did not preempt a plaintiff’s claims under California law against his managed health care company for revealing

Stuart Gordon’s and Matthew Spero’s article entitled “Creditors Typically May Not Offset Section 303(i) Judgments Against Claims Against Debtors” was published in the November 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

There are many different kinds of insurance fraud, as this column regularly observes. There can be fraud contained in applications for insurance policies, fraudulently staged accidents, and fraudulent claims by health care providers treating injured policyholders, among other things.

Insurance policies try to eliminate, or at least to cut down on, insurance fraud in a

Stop Work Order Deemed Insufficiently Coercive Or Adversarial To Be A “Suit”

After excavation work began on a property in Manhattan, the New York City Department of Buildings issued a stop work order to the construction manager and property owners because of damage to an adjacent building. The construction manager and owners sought a defense

In September, the U.S. Department of Justice’s Cybersecurity Unit, Computer Crime & Intellectual Property Section updated its Best Practices for Victim Response and Reporting of Cyber Incidents. The updated guidance (which is not intended to have any regulatory effect) emphasizes the importance of planning a response before a data breach, ransomware threat or other cyber

As a reminder, effective October 29, 2018, New Jersey employers – regardless of size – must provide up to 40 hours of paid sick leave in any consecutive 12-month period designated by the employer as the “Benefit Year” pursuant to the New Jersey Paid Sick Leave Act (the “Act”). The Act applies to almost all