Appeals


From Common to Convoluted, Cases Demonstrate Range of Fraud
September 6, 2012 | Appeals | Insurance Coverage

This column typically focuses on insurance fraud trends, developments, and cases from New York.  Insurance fraud, however, goes well beyond this geographical area, and sometimes involves unusual, even bizarre, facts.  Locally, Nassau County District Attorney Kathleen Rice recently brought charges against Raymond Rother for allegedly conspiring with his son to fake his own drowning death

Read More
Court Enforces Long Term Disability Policy’s Three Year Statute of Limitations
August 31, 2012 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case held a research position at Cornell University’s Weill Medical College (WMC) since at least 1997. On September 26, 2001, the plaintiff received a termination letter, effective as of September 28, 2001.

On March 26, 2002, the plaintiff submitted a claim for disability benefits under WMC’s group long term disability insurance

Read More
What Employers Need To Know About Obligations To Military Personnel
| Appeals | Labor & Employment

Several thousand U.S. military personnel have recently returned or will soon return from tours of duty.  Employers have obligations to military personnel and their families under both state and federal laws.  

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of service members who are voluntarily or involuntarily absent from their

Read More
Unanimity, for the Most Part, In Broad Variety of Insurance Rulings
August 27, 2012 | Appeals | Insurance Coverage

The past term’s insurance law decisions by the Court of Appeals generally did not involve the rather traditional slew of insurance coverage, insurance bad faith, and insurance fraud rulings that usually comprise the Court’s insurance law docket. The opinions, however, are by no means any less significant, or less interesting. Mostly rendered by a unanimous

Read More
Denial of Employee’s Post-Bankruptcy Disability Claim Bars Recoupment of Pre-Bankruptcy Overpayment of Disability Benefits
July 31, 2012 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case worked as an engineer for the Boeing Company. Under Boeing’s long term disability plan, employees who were totally disabled as a result of accidental injury or illness were eligible for long term disability benefits. During the first 24 months of disability, the plan’s “own occupation” definition of disability applied, under

Read More
Foreign Parallel Proceedings from the United States Perspective: Do the Courts Need a Crystal Ball?
| Appeals | Complex Torts & Product Liability

Please click the link below to view Foreign Parallel Proceedings From the United States Perspective: Do the Courts Need A Crystal Ball? Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Foreign Parallel Proceedings From the United States Perspective: Do the

Read More
ERISA Preemption Rejected in Insurers’ Claims against Health Care Providers
July 6, 2012 | Appeals | Insurance Coverage

Insurance carriers that provide health care coverage in New York (and in other states) typically have developed comprehensive anti-fraud plans that help them identify and investigate insurance fraud. An important tool in these anti-fraud plans is post-payment reviews of claims submitted by health care providers. When insurance carriers detect fraud, and when they are unable

Read More
Employee’s Total Weekly Workers’ Compensation Payment May Not Exceed Statutory Cap, Court Rules
June 30, 2012 | Appeals | Labor & Employment | Insurance Coverage

The worker’s compensation claimant in this case worked as a collision shop technician in New York, repairing automobiles. In 2005, he suffered three injuries on the job. On February 21, he slipped on ice, injuring his hip and back. On March 18, he suffered a lower back sprain. He left his job on June 27

Read More
A Landscape View of Privacy Protection Issues
| Professional Liability | Appeals | Complex Torts & Product Liability | Labor & Employment | Intellectual Property

Please click the link below to view “A Landscape View of Privacy Issues.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

A Landscape View of Privacy Issues

Reprinted with permission.  All rights reserved.

Read More
Appellate Term Establishes New Burden of Proof in Body Shop Litigation
| Appeals | Insurance Coverage

In recent years, there has been uncertainty as to the standards to be applied when automobile repair shops challenge the conduct of automobile insurers in regard to the negotiation and payment of collision repair costs.  In Nadel v. Allstate Insurance Company, 2012 N.Y. Misc. LEXIS 1527 (N.Y. App. Term 2d Dep’t 2012), the Appellate

Read More
Previous PageNext Page