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New York Law Journal

'Burlington': Duty to Defend Additional Insureds Still Going Strong

John Sparling, Scott Shapiro and Giancarlo Stanton write: Focused and timely risk management practices can help alleviate the time and cost of problems post-Burlington. These practices may include (1) review and verify additional insured endorsements and certificates in advance of project work, (2) aggressive risk transfer practices in the face of inappropriate declinations, and (3) good contract review and business partner practices.
9 minute read

New York Law Journal

Transaction Liability Insurance: Where Corporate Deals, Insurance Claims-Handling Intersect

William G. Passannante and Carrie Maylor DiCanio provide some strategies to obtain the coverage purchased and facilitate efficient resolution of R&W insurance disputes.
7 minute read

New York Law Journal

When Computer Fraud Is Not 'Computer Fraud'

Jeremy M. King writes: Surprisingly, many courts have found that "Computer Fraud" coverage does not apply to a common form of Internet fraud—the email scam—and coverage will depend upon the state's law that applies to the policy. Policyholders need to know the scope of the coverage they have purchased in order to determine whether they are exposed to risks that fall within less-than-obvious gaps in that coverage.
18 minute read

New York Law Journal

The Unknown of 'Known Losses'

Mina Matin writes: The "known loss" principle, under New York Law, is the recognition of the universal public policy that insurance should only cover fortuitous losses. This article explores this principle as it relates to third party liability and excess liability policies, and discusses its practical implications.
9 minute read

New York Law Journal

Capital Requirements for Insurance Businesses: What They Are, Why They Matter

Daniel A. Rabinowitz writes: Capital requirements for insurers are currently undergoing far-reaching changes across numerous jurisdictions as policymakers and regulators strive to keep up with evolving macroeconomic pressures and variables. These changes, in turn, could have a profound impact on some of the most fundamental business decisions made by carriers, such as pricing policies, investing assets, entering or exiting lines of business and others.
18 minute read

Corporate Counsel

CIGNA and Benefit Manager Sued for Alleged Med Equipment Overcharges

A Texas resident has filed a federal lawsuit against Connecticut-based Cigna Health and Life Insurance Co. and one of its pharmacy benefit managers, CareCentrix Inc., charging they conspired to drive up the consumer costs of home patient care and durable medical equipment.
6 minute read

Corporate Counsel

Investigations Into Alleged Surgery Double-Booking Highlight Hospitals' Need for Compliance

Federal and state officials reportedly are probing the scheduling practices of a prominent surgeon in New York, highlighting compliance issues facing teaching hospitals.
14 minute read

New York Law Journal

Insurer Must Pay 15-Year-Old Judgment With Interest

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent cases involving interest to be paid on overdue claims.
26 minute read

The Legal Intelligencer

State Farm Escapes Bad-Faith Suit Over UIM Coverage

A federal judge has tossed out a bad-faith case over underinsured motorist coverage against State Farm, calling it a re-packaged version of the same issues that had already been resolved.
3 minute read

The Legal Intelligencer

Ruling Allowing Stacked Coverage Absent New Waiver Stands

The Pennsylvania Supreme Court has cemented a lower court's ruling that entitled insureds who previously rejected stacked auto coverage to take advantage of stacking where the insurer fails to obtain a new waiver when a car is added to the policy.
5 minute read

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