Insurance Law News

• New York State Department of Insurance Fines UnitedHealth

  The New York Insurance Department, now known as the Department of Financial Services, has fined Oxford (UnitedHealth) $665,000. The Department released a stipulated order in which Oxford, owned and controlled…
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• Insurance Brokers Can Be Liable for Both Breach of Contract and Negligence

  A ruling by the Appellate Division in New York concluded that insurance brokers can now be held liable to their clients on a negligence theory for failing to obtain an insurance policy to cover a loss…
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• Bill Signed Into Law Stops Claim Denials Based on Late Notice

  New York's Governor signed into law a long-awaited bill that will prevent insurance companies from denying claims when they believe the policyholder was "late" in reporting the loss.  New…
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• Governor Spitzer Issues a Veto on Late Notice Bill

  In an unexpected twist, Governor Spitzer rejected a long-awaited bill that would no longer allow insurance companies to deny claims based on "late" filing of the claim. He asked the Legislature…
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• Long Awaited Legislative Victory in New York—Will Denials for Late Notice Be Dead?

  Both houses of the New York Legislature have passed a bill that would prohibit insurance companies from denying claims based on alleged late filing of the claim (late notice).  The late notice defense…
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• Court Ruling Requires Insurance Companies to Pay Benefits to People with Preexisting Conditions

  In a key court ruling, New York's highest court ruled that disability insurers must pay claimants under group policies who have preexisting conditions.  The insurance company may only exclude the…
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• Predicted Problems with Long-Term Care Insurance Claims Beginning to Surface

  When the nations' life, health and disability insurers began to lose money on their book of disability insurance business, they turned to increased sales of long-term care insurance to beef up their balance…
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• Quadrino Schwartz Applauds Recent Ruling by New York State to Invalidate Discretionary Clauses

  Firm Believes Thousands of Policyholders Will Be Aided by Decision.In a landmark ruling, the New York State Insurance Department has taken critical action to help thousands of New Yorkers who file health…
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• New York High Court Bars Stacking in Lead Exposure Case

  Although an infant’s exposure to lead paint spanned three consecutive years in which a building owner carried liability insurance, coverage is limited to one annual policy limit, the New York Court…
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• Water Exclusions for Katrina May Be Invalidated

  The Mississippi Attorney General filed a lawsuit seeking to prohibit insurers from using water exclusions to deny coverage to property owners whose homes were destroyed or damaged by Hurricane…
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• California High Court Addresses Environmental Cleanup Costs, Specific Policy Language

  Ruling were issued in two separate cases seeking coverage for government-ordered cleanup costs, the California Supreme Court on Aug. 29. 2005 affirmed that coverage is potentially available under language…
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• Certain Policyholders May Access Reinsurance

  Policyholders of the insolvent Legion and Villanova Insurance companies who can show that they have third-party beneficiary rights have direct access to reinsurance proceeds, the Pennsylvania Supreme Court…
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