Appeals


N.Y. Court of Appeals Poised To Resolve Split Over Bad Faith Suits Against Insurers
October 31, 2019 | Evan H. Krinick | Appeals
After hearing oral argument earlier this month in Haar v. Nationwide Mutual Fire Ins. Co., 32 N.Y.3d 1211 (2019), the New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments. In Elkoulily v. New York State Catholic Heathplan, 153 A.D.3d …
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Common sense is key to staving off fraud
October 16, 2019 | Evan H. Krinick | Appeals
Two truisms: 1) smart people do stupid things; and 2) if something seems to be too good to be true, then it is probably not real. The first truism occurs when people forget the second truism. A persuasive salesperson, or a snappy marketing campaign, catches your attention. It sounds like something you have always wanted …
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Like true love, a general release lasts forever
August 26, 2019 | Evan H. Krinick | Appeals
Philosophically speaking, nothing lasts forever. Of course, romantics will tell you that true love lasts forever. In the world of litigation, the general release is the equivalent of true love – it never loses its power and force. A general release is a document that frees a person or business from ever being sued about …
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Late notice of a contract breach is a recipe for disaster
July 22, 2019 | Evan H. Krinick | Appeals
“Seinfeld” was a great television show, maybe the greatest of all time. I could make the case for “Taxi,” but I digress.  One of my favorite Seinfeld episodes is when Jerry makes a reservation for a car rental, only to get to the rental counter and find out that they have his reservation but do …
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An enforceable contract need not be in writing
June 24, 2019 | Evan H. Krinick | Appeals
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 …
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Business mediation can avoid the grind of litigation
May 20, 2019 | Evan H. Krinick | Appeals
My friends who own boats often share with me the famous adage that the best two days of boat ownership are the day that the boat is purchased and the day the boat is sold. The joys of boat ownership are quickly subsumed by the day-to-day grind of maintenance and other aggravations that come with …
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When it comes to attorneys on TV, it’s all fake news
May 6, 2019 | Evan H. Krinick | Appeals
Commentary: Television shows about lawyers are entertaining. “Law and Order,” in all its iterations, was a staple in my house forever. More recently, “Suits” has become an obsession. People of a certain generation will remember “L.A. Law,” and even before that, “Perry Mason.” All of these shows have memorable characters, smart dialogue, dramatic moments and …
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DFS Continues Long History of Strongly Supporting Anti-Fraud Reg
May 3, 2019 | Evan H. Krinick | Appeals
Nearly two decades ago, in 2001, New York state’s insurance regulator—then known as the New York State Insurance Department and now known as the New York State Department of Financial Services (DFS)—promulgated a powerful anti-fraud regulation. The regulation, 11 N.Y.C.R.R. §65-3.16(a)(12), was intended to require that a health care provider, as a condition of eligibility …
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A privileged conversation is too important to throw away
April 8, 2019 | Evan H. Krinick | Appeals
Commentary: Success in a litigation starts with a strong attorney-client relationship. The attorney and the client must work closely together to investigate and learn the operative facts, discern the best strategy to utilize those facts, adapt that strategy as new facts emerge and, as adversaries raise counter-arguments, and ultimately decide to settle or continue the …
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Choice of Law Can Be Key When Fighting Life Insurance Fraud
March 1, 2019 | Evan H. Krinick | Appeals
A stranger-originated life insurance (STOLI) policy is a life insurance policy obtained as an investment for a stranger, rather than for the benefit of the insured’s beneficiaries. Public policy disfavors STOLI policies because, among other things, legislators consider them to be wagers on human life. See, e.g., N.Y. Ins. Law §7815(c) (“No person shall directly …
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