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30 Apr 2009, 4:05 am
Employer does not have to pay benefits to former employees guilty of embezzling William Floyd Union Free School Dist. v Wright, 2009 NY Slip Op 03164, Decided on April 21, 2009, Appellate Division, Second DepartmentThe William Floyd Union Free School District asked Supreme Court to relieve it of its contractual obligation to provide postretirement health and dental insurance benefits to Daniel C. [read post]
7 May 2008, 10:31 pm
Answer: Although there may be scenarios where the waiver or reduction of a deductible by an automobile collision repair facility would not constitute a violation of NY Penal Law § 176.05 (Insurance fraud; defined) and NY Insurance Law § 403(b) (Insurance Fraud Prevention; Prohibitions), this opinion focused on a set of facts that would constitute a violation of each of these statutes. [read post]
15 Jun 2009, 7:23 am
In AFFIRMING the trial court's order, the Second Department concluded that: (1) NYCM had not demonstrated prejudice from the insured's delay in providing either notice of claim or proof of claim; and (2) the trial court's non-jury determination of physical contact was supported by the record and, as such, could not be disturbed on appeal: The insurer's own submissions in support of its petition demonstrated that the insured provided it with… [read post]
17 Jun 2011, 6:47 am
Commn. 2011 NY Slip Op 05033, Appellate Division, Second Department Roberta Miller sued the Nassau Civil Service Commission, seeking reinstatement to her former position and for back pay. [read post]
1 Feb 2023, 10:55 am
Cassar, et al, No. 2023 NY Slip Op 00202, Appellate Division of the Supreme Court of New York, Second Department, the plaintiff sued for malpractice claiming that the lawyer defendants failed to sue a tortfeasor. [read post]
24 Feb 2009, 7:30 am
Department's Office of General Counsel's (OGC) opinion, reiterated the position long held by insurance departments around the country. [read post]
31 May 2023, 4:44 am
Co. v Lester Schwab Katz & Dwyer, LLP 2022 NY Slip Op 07149 [211 AD3d 527] December 15, 2022 Appellate Division, First Department shows what happens when large local (but not necessarily Big Law) firms handle litigation matters and have conflicts. [read post]
18 Jan 2018, 7:17 am
Co. of NY, the Court of Appeals instructed that "[t]he standard for determining residency for purposes of insurance coverage requires something more than temporary or physical presence and requires at least some degree of permanence and intention to remain[.] [read post]
15 Jun 2010, 4:04 am
A 3-2 decision last week in the Appellate Division (Second Department) has set the stage for a return of New York’s problematic No-Fault law to the Court of Appeals, New York’s highest Court. [read post]
22 Sep 2008, 7:33 am
Co., 42 NY2d 884, 885, quoting 30 NY Jur, Insurance, § 1099, p 484 [emphasis added]; see Agoado Realty Corp. v United Intl. [read post]
24 Aug 2011, 8:44 am
Department of Health and Human Services (“HHS”) and the U.S. [read post]
23 Jul 2019, 4:37 am
The attorney is sued and (presumably) is not insured. [read post]
20 Jun 2022, 3:11 am
National Air Cargo, Inc. v Jenner & Block, LLP 2022 NY Slip Op 01900 [203 AD3d 1655] March 18, 2022 Appellate Division, Fourth Department discusses two important issues: scope of retainers and the effects of a bankruptcy filing. [read post]
27 Oct 2009, 5:23 am
Both individuals were insured by, and shareholders of, the same insurance company. [read post]
15 May 2015, 6:30 am
”In this instance Claimant had been employed as a full time heavy equipment operator by a municipality's highway department for more than four years . [read post]
24 Aug 2011, 11:00 am
Policy Spotlight Unemployment Insurance If you are an employer, you have likely received a notice from the NY State Department of Labor stating that you will have to pay up to $21.25 per employee as part of the Interest Assessment Surcharge (IAS). [read post]
24 Aug 2015, 4:00 am
Rosenblum A new lawsuit, filed by the CFPB and the New York Department of Financial Services (NY DFS) in a California federal court against two pension advance companies and three of the companies’ individual managers, again demonstrates the aggressive approach taken by both agencies. [read post]
21 Apr 2014, 5:48 am
In an article in the Insurance Journal Hurd says the Rockfeller Institute report "misuses sophisticated statistical techniques and produces results that are inaccurate". [read post]
3 Jan 2018, 4:33 am
., LLC v Mintzer Sarowitz Zeris Ledva & Meyers, LLP 2018 NY Slip Op 00018 Decided on January 2, 2018 Appellate Division, First Department gives something of an answer. [read post]
15 Oct 2008, 11:06 am
The Town did not withhold taxes or insurance, and that the corporation paid the requisite taxes and insurance on behalf of Araneo. [read post]
