New York Law Journal | Analysis
By Paul Kampfer | December 9, 2020
This article discusses the standard for obtaining ERISA attorney fees in general and the availability of attorney fees for post-remand administrative and court work on behalf of the plaintiff/beneficiary.
New York Law Journal | Analysis
By Joel M. Greenberg | November 20, 2020
Two recent appellate decisions determined that the proceeds from the sale and demutualization of New York's largest medical malpractice carrier, the Medical Liability Mutual Insurance Company, belong to the insured policyholders rather than to their employers who may have paid their malpractice premiums and/or acted as their Policy Administrator.
New York Law Journal | Expert Opinion
By Nicholas Klein, Gabriel Gershowitz and Prakash (PK) Paran | November 19, 2020
A look at how certain U.S. insurance sector transactions—which may be seen more frequently due to the current macroeconomic environment—may trigger a review by the Committee on Foreign Investment in the United States.
New York Law Journal | Analysis
By Jeff S. Korek and Anthony Makarov | November 18, 2020
To save thousands of New York business from closing their doors permanently, New York courts should look to the New Jersey case 'Optical Services USA/JCI v. Franklin Mutual Insurance Co.,' for a decision and rationale that is consistent with New York jurisprudence.
New York Law Journal | Analysis
By Caitlin L. Bronner | November 12, 2020
Some clarity has emerged in the months since the pandemic began.
New York Law Journal | Analysis
By Eric B. Stern and Andrew A. Lipkowitz | November 4, 2020
An enforcement action brought by the New York Department of Financial Services against First American Title Insurance Company alleging that the company breached the DFS's cyber regulations raises significant questions regarding whether the targets of such actions are afforded insurance coverage, and in particular, whether affording such coverage would be consistent with New York public policy.
New York Law Journal | Analysis
By David M. Barshay | October 7, 2020
Certain ground rules contained in the revised fee schedule (requiring that chiropractors, podiatrists and psychologists bill only under their own respective fee schedules), however, took effect for no-fault claims on April 1, 2019, writes No-Fault Insurance Law Wrap-Up columnist David M. Barshay.
New York Law Journal | Analysis
By Angela Turturro | October 5, 2020
In this Special Report: "Business Interruptions Claims Amid COVID: Wins, Losses and How to Move Forward," "Insurance Coverage for Biometric Privacy Claims," "Issues in Representations and Warranties Insurance Claim Disputes" and "Crime Insurance Failing to Keep Up With Cyber Criminal Innovation."
By Jane M. Byrne and Guyon H. Knight | October 2, 2020
A discussion of key issues that are likely to arise in numerous claims on R&W policies in our post-COVID world, and provides some practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms.
New York Law Journal | Expert Opinion
By Joshua Gold | October 2, 2020
Almost all modern commercial crime policies contain in the body of the form an express promise of insurance coverage for losses directly resulting from "computer fraud." Unfortunately, many crime insurance companies fight computer fraud insurance claims regularly.
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