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September 19, 2022 | New York Law Journal

Are Legal Malpractice Recoveries Subject to Workers' Compensation Liens?

While some states have given legal malpractice attorneys the green light to disregard workers' compensation liens, New York is not one of them.
7 minute read
September 01, 2022 | New York Law Journal

As Telemedicine Expands, Insurance Fraud Grows

Telemedicine will no doubt continue to play an expanded role in the health care system. Yet both practitioners and insurers should be aware of the potential for abuse of these telemedicine services and the criminal, civil and administrative ramifications.
9 minute read
August 19, 2022 | New York Law Journal

An Evolving Court Divides in New Insurance Cases

The Court divided in all four of its notable insurance decisions this past term—and Judge Wilson dissented in two of them, both on the policyholder side.
11 minute read
July 01, 2022 | New York Law Journal

Professional Liability Insurance Policy Covers Criminal Defense of Indicted 'Lottery Lawyer,' Judge Rules

Jason Kurland, a former partner at Rivkin Radler who represented the winners of lottery jackpots, had a professional liability insurance policy through Fireman's Fund Insurance Co.
3 minute read
June 29, 2022 | New York Law Journal

Bad Faith Claims Against Insurers

It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.
14 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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June 17, 2022 | New York Law Journal

Appeals Court Allows Botanical Garden to Go Forward With COVID-19 Business Interruption Suit

The Appellate Division, First Department court also allowed the Botanical Garden to proceed with a related breach of the implied covenant of good faith claim against the insurance company.
4 minute read
June 09, 2022 | New York Law Journal

2nd Circuit Panels Reverses Brooklyn ERISA Ruling, Finding Insurer Waited Too Long to Provide Final Decision

The judges revived a case that had been dismissed by an Eastern District of New York judge on the grounds that the plaintiff did not exhaust his administrative remedies. But the 2nd Circuit faulted Hartford Insurance's decision as not final.
3 minute read
June 07, 2022 | New York Law Journal

After Legislative Setbacks, Wrongful Death Award Reforms Headed for Governor's Desk

In recent legislative sessions, proposals like the Grieving Families Act generally never made it past committee for full votes by either chamber.
5 minute read
May 27, 2022 | New York Law Journal

Manhattan Federal Judge Awards $10.8 Million to PartnerRe in Breach of Contract Case

Engelmayer found that the merger failed to close because a mortgage company CEO "had developed an acute case of buyer's remorse."
2 minute read
May 23, 2022 | New York Law Journal

Insurance Law

In this Special Report: "New York State Finalizes Changes to Insurance Disclosure Law," "While New Biometric Privacy Laws Have Led to Widespread Litigation and Large Settlements, Most Courts Have Held That Insurance Covers These Claims," "An Insurer's Ongoing Battle To Limit Disputable Discovery," "The 'Related Claims' Provision in Insurance Coverage Disputes," "Supply Chain Woes Bring Contingent Business Interruption Recovery—and Its Limitations—Into Sharp Focus" and "Call to Action: Modernizing the 'War Exclusion' for the 21st Century."
2 minute read

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