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Choice of Law Can Be Key When Fighting Life Insurance Fraud
March 05, 2019 | Eye on the Experts
In his Insurance Fraud column for the New York Law Journal, Evan H. Krinick discusses a recent decision by the U.S. Court of Appeals for the Second Circuit, ‘AEI Life v. Lincoln Benefit Life Co.’, which highlights the importance of knowing which state incontestability statute applies to a challenge to a stranger-originated life insurance policy.
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Insureds’ Misrepresentations in Coverage Litigation Do Not Count
March 04, 2019 | Eye on the Experts
Here, the authors explore whether an insurer can cite an insured’s alleged misrepresentation made during the post-denial coverage litigation as a basis to invoke the fraud clause and bring a claim under the New Jersey Insurance Fraud Prevention Act.
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What Does (and Does Not) Constitute Insurance Broker Liability in New York
February 25, 2019 | Eye on the Experts
Here, the author explains, there are circumstances under N.Y. law in which an agent or broker can be liable for failing to procure coverage.
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A Look at No Fault in 2018
February 19, 2019 | Eye on the Experts
A review of this year’s cases: two dealing with UM/UIM benefits, one addressing PIP benefits, and three cases relevant to “automobile injuries” (pedestrian crossings, deployment of airbags, and correlation between property damage and personal injuries).
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Environmental Impairment Risk Continues to Rise
February 13, 2019 | Eye on the Experts
Here, the author explains, emerging risks are changing the types of coverage required to mitigate the financial impact of an environmental incident.
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‘Cybersecurity’ and ‘Privacy’ Aren’t the Same Thing
February 12, 2019 | Eye on the Experts
The author says that absent a national regulatory framework, cybersecurity and consumer privacy issues and their associated threats will continue to grow at an accelerating pace.
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What Does (and Does Not) Constitute Insurance Broker Liability in New York
February 11, 2019 | Eye on the Experts
Here, the author explains that there are certain circumstances under New York law in which an insurance agent or broker can be potentially liable for failing to procure coverage on behalf of its insured.
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Climate Change Related Losses and Other Event-Driven Litigation Risks
February 06, 2019 | Eye on the Experts
Here, the authors explain, insureds and insurers need to address and plan for the full scope of risk from climate change-related events.
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Insuring Cannabis Companies Remains Problematic
February 05, 2019 | Eye on the Experts
Here, the author explains, carriers working with marijuana companies still face legal and regulatory challenges — despite the booming marijuana legalization movement.
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Employees Are Not Required to Treat With Panel Physicians After a Work Injury
February 04, 2019 | Eye on the Experts
Here, the author writes, although employers and insurance adjusters often advise injured workers that they must abide by this “90-day rule,” this mandate could not be farther from the truth. In fact, one could reasonably argue that speaking this untruth to an injured worker constitutes fraud.
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