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30 Jul 2009, 3:01 am
(See here, here and here for the other issues addressed in the OGC Opinion).Recent amendments to NY Insurance Law § 3420 provide that a liability insurer can disclaim coverage on late notice grounds only where the insured’s untimely notice has prejudiced the insurer. [read post]
30 Jul 2009, 2:53 am
The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law § 3420, which we have closely followed and written about in this blog. [read post]
28 Jul 2009, 9:10 am
The NY State Health Department has a regulation barring the use of state medicaid funds to cover the cost of gender reassignment and related treatments. [read post]
27 Jul 2009, 6:24 am
Co., 2006 NY Slip Op 26118, 12 Misc 3d 8 (App. [read post]
25 Jul 2009, 1:12 pm
., decided 7/21/2009) First Liberty Insurance Corporation insured the plaintiffs under a Deluxe Homeowners Insurance Policy. [read post]
23 Jul 2009, 11:43 am
Gottlieb, Esq. has previously covered this issue at No-Fault Paradise, but it seems to me that it's worth some additional attention.On June 24, 2009, the NYS Insurance Department issued an opinion letter entitled "Examinations Under Oath of Assignees". [read post]
23 Jul 2009, 5:42 am
Similarly, health care providers may be governed by Health Insurance Portability Accountability Act (HIPAA), which provides very detailed rules about the use of personal medical information. [read post]
22 Jul 2009, 1:28 am
The insurer appealed, and the appellate court for the Fourth Department reversed.With respect to the timeliness of the insured’s notice of claim, the appellate court held that the insured’s 15 month delay was untimely and dismissed the insured’s argument that its delay should be excused because it erroneously believed that its employee would only assert a workers’ compensation claim, stating that that excuse was… [read post]
21 Jul 2009, 8:05 am
Co., 304 NY 490 [1952]). [read post]
20 Jul 2009, 6:28 am
Co. v Whitfield,AD3d, 2009 NY Slip Op 02975 [2d Dept 2009]; Singh v Allcity Ins. [read post]
20 Jul 2009, 1:34 am
Source: New York Legislative Retrieval System (LRS), Search run July 19, 2009. [read post]
17 Jul 2009, 7:00 am
The Parks Department is charged with ensuring that the Mets comply with the terms of the agreement. [read post]
11 Jul 2009, 9:04 pm
Franken's troubles began in 2005, when New York's Department of Labor noted that Alan Franken Inc. had employed up to 17 people as independent artists and writers. [read post]
7 Jul 2009, 12:03 am
Without limiting the foregoing, the subjects of health insurance and retirement are by this section excluded from arbitration. [read post]
1 Jul 2009, 8:58 am
One certainly could argue that this decision runs contrary to the Second Department's 1996 decision in Presbyterian Hosp., City of NY v. [read post]
23 Jun 2009, 8:59 am
The New York Insurance Department's Office of General Counsel has answered a question that could prove important for holders of Long Term Care Insurance policies in New York. [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]
5 Jun 2009, 3:25 pm
The fact that this is an electronic publication permits the user to locate information in the database by using key words and phrases.You may order your copy of The Section 207-a/c Case Book by sending your name, the name of your organization, your mailing address and telephone number, purchase order number, confirmation of your tax exempt status, if appropriate, and your e-mail address to:Publications@nycap.rr.comor you may mail your organization's purchase order form to:Public Employment Law… [read post]
5 Jun 2009, 4:23 am
"Judge Schlesinger, conceding that "the Court cannot substitute its judgment for that of the agency," said that it has a duty to insure that the law is properly applied and that the decision is not based upon "speculative inferences unsupported by the record. [read post]
4 Jun 2009, 12:57 am
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