Compensation Law Section

January 14, 2022 | New York Law Journal

Michael O'Brien, Chair of the NYSBA Torts, Insurance & Compensation Law Section, talks about how the section has weathered the pandemic and provided leadership in the face of changes to the Uniform Rules.

By Michael O'Brien, Chair, Torts, Insurance & Compensation Law Section

3 minute read

January 19, 2018 | New York Law Journal

Elizabeth A. Fitzpatrick, Chair of the NYSBA Torts, Insurance and Compensation Law Section, writes: Defending a civil suit involving criminal claims presents unique challenges to the parties and an understanding of the effect a plea or conviction in the criminal matter may have, not only on the civil lawsuit itself, but also on the availability of insurance coverage to cover any damages, is important.

By Elizabeth A. Fitzpatrick, Chair, NYSBA Torts, Insurance and Compensation Law Section

5 minute read

January 24, 2011 | New York Law Journal

Although the statue authorizing Medicare set-asides was enacted in 1980 as part of an overall statutory scheme to ensure that the costs of medical services related to personal injuries are not borne by Medicare, at present, there is a dearth of regulatory guidance, leading not only to uncertainty for injured persons, attorneys and liability insurers on how to navigate the system, but to questions of whether a set-aside is necessary and what constitutes a sufficient set-aside.

By Laurie A. GiordanoChair, Torts, Insurance and Compensation Law Section

3 minute read