Insurance Coverage


Update on Key Issues From 2010
January 7, 2011 | Appeals | Insurance Coverage

The beginning of the new year seems an appropriate time to update some of the insurance fraud issues discussed in this column over the past year.

As noted here last January, the Court of Appeals decision in State Farm Mutual Auto. Ins. Co. v. Mallela established that a violation of a licensing requirement by a

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Court Rules That Investment Losses Sustained as a Result of Madoff Ponzi Scheme Are Not Covered Under Homeowner’s Policy
January 6, 2011 | Appeals | Insurance Coverage

The attached decision, issued on December 20, 2010 by Judge Lewis Kaplan, granted summary judgment to Fireman’s Fund and dismissed plaintiff’s Complaint. Rivkin Radler attorneys Michael Troisi, Michael Versichelli and Michael Welch represented Fireman’s Fund.

Plaintiff, Sharon Lissauer, sustained losses as a result of the Bernard Madoff Ponzi scheme. Over the course of many

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New York Insurance Coverage Law Update
January 1, 2011 | Insurance Coverage

Losses From Madoff’s Ponzi Scheme Not Covered Under Homeowners Policy

After allegedly losing millions of dollars in Bernard Madoff’s Ponzi scheme, Sharon Lissauer brought suit against Fireman’s Fund Insurance Company to recover that money under her homeowners policy. In its decision dismissing the complaint, the U.S. District Court for the Southern District of

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New York Insurance Coverage Law Update – 2010 Summary
| Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update — 2010 Summary. 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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U.S. Supreme Court Asked To Decide Whether McCarran-Ferguson “Reverse Preempts” Federal Arbitration Act
December 31, 2010 | Insurance Coverage

 

Ernst & Young had been retained as an auditor for a now defunct workers’ compensation self-insurance group.  The rehabilitator appointed pursuant to Kentucky’s Insurers Rehabilitation and Liquidation Law (“IRLL”) asserted tort claims on behalf of the group against Ernst & Young in state court.  Ernst &

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Ring Around the Collar
| Insurance Coverage

Please click the link below to view Ring Around the Collar. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Ring Around the Collar

Copyright © 2011 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

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Court Dismisses Class Action Challenging Automobile Insurer’s Specification of ‘Non-OEM’ Crash Parts In Repair Estimates
| Appeals | Insurance Coverage

Patchen v. Government Employees Insurance Company, U.S. District Court, Eastern District of New York

On January 7, 2011, United States District Court Judge Arthur Spatt granted GEICO’s motion to dismiss plaintiffs’ Complaint. Rivkin Radler attorneys Evan H. Krinick, Michael P. Versichelli and Michael P. Welch represented GEICO. The case presented an important issue that has

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Airport Shuttle Driver’s Overtime Claim Fails On Motor Carrier Exemption
| Insurance Coverage

The plaintiff in this case was a former driver of Southern Shuttle Services, Inc.’s airport shuttle vans, a shared-ride airport shuttle, which transported passengers to and from three South Florida airports (Miami International Airport, Palm Beach International Airport, and Fort Lauderdale-Hollywood International Airport). The plaintiff, like other shuttle drivers, was paid commission and tips, but

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New York Insurance Coverage Law Update
December 1, 2010 | Insurance Coverage

No Coverage For Mold Case Where Alleged Injury Outside Policy Period

The underlying plaintiff’s allegation of exposure to mold during the policy period did not trigger any duty to defend or to indemnify where the injury allegedly occurred after the policy period. As the court reasoned, New York follows the “injury-in-fact” test that “rests

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Renal Cancer In Remission Found To Be A Disability Under The ADA
November 30, 2010 | Appeals | Insurance Coverage

The plaintiff argued that his employer, Advanced Healthcare, had violated the Americans with Disabilities Act (ADA) when it allegedly terminated him on January 30, 2009. The plaintiff claimed he was a qualified individual with a disability under the ADA because his renal cell carcinoma (which was in remission at the time of the alleged termination)

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