Michael E Quiat

Michael E Quiat

July 25, 2023 | New Jersey Law Journal

Failure to Communicate: Why Better Tech Doesn't Mean Better Communication

Ironically, the ease of instantaneous written communications today has arguably not always resulted in enhanced communication.

By Michael E. Quiat

8 minute read

May 20, 2019 | New Jersey Law Journal

Walking in Your Client's Shoes

OP-ED: Good health indeed is a fleeting thing, and as advocates we must remember that we cannot truly appreciate our clients' circumstances, unless we have walked in their shoes.

By Michael E. Quiat

6 minute read

March 24, 2016 | New Jersey Law Journal

Time to Draw the Line on Insurance Company Surveillance

Advances in digital technology have led to a new level of cost-effective spying, never before available to the insurance industry.But what are the legal and social ramifications of this behavior?

By Michael E. Quiat

16 minute read

November 06, 2006 | New Jersey Law Journal

Proof of Loss Filing Date Tolled

If you have a disability income insurance client whose claim appears time barred by failure to file a timely proof of loss, you should probably take a closer look.

By Michael E. Quiat

2 minute read

December 05, 2005 | New Jersey Law Journal

Ban Discretionary Clauses in ERISA Matters

Administrators have nearly unbridled authority to determine an individual's entitlement to health and disability benefits.

By Michael E. Quiat

4 minute read

April 14, 2009 | New York Law Journal

Level the ERISA Playing Field

Michael Quiat, managing partner of Uscher, Quiat, Uscher & Russo, writes: It is now almost three years since the New York State Insurance Department issued Circular Letter No. 14 claiming it " . . . is drafting regulations that would prohibit the use of discretionary clauses in all new and existing accident and health insurance policies, life insurance policies, annuity contracts and subscriber contracts upon renewal, modification, alteration or amendment . . . " But as yet there is no hint of a regulation which would give New York citizens the force of law they need to level the legal playing field.

By Michael E. Quiat

5 minute read

November 06, 2006 | New Jersey Law Journal

Taking the 'Discretion' Out of Disability Benefit Payments

On August 21, the New Jersey Department of Banking and Insurance proposed regulations that would expressly prohibit the use of discretionary clauses in health, disability and long-term care policies issued in New Jersey.

By Michael E. Quiat

5 minute read

March 04, 2009 | New Jersey Law Journal

The Paramount Importance Of The Physician's Role in Disability Insurance Claims

McCauley clarified the meaning of the Glenn decision by taking a much harder look at the claims decisions by a conflicted plan administrator which both reviews and pays a disability long-term insurance claim.

By Michael E. Quiat

8 minute read

January 23, 2006 | New Jersey Law Journal

Injunctive Relief in Disability Income Litigation

Although the traditional dynamic between "irreparable harm" and money damages causes many courts to automatically reject interim relief, the courts in New Jersey have, at times, been willing to order payment of benefits during suit.

By Michael E. Quiat

8 minute read

July 20, 2007 | New Jersey Law Journal

Insureds May Seek Extra Contractual Damages

Insurers who do business in New Jersey are now on notice: insureds may bring claims under Civil Rico and Consumer Fraud seeking damages above and beyond payment of policy benefits.

By Michael E. Quiat

6 minute read