Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 92


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HTMLNew York Court of Appeals: Vandalism Coverage under “Named Peril” Property Policy Can Apply Even When Malicious Act Is Not Directed at Covered Property
Judith Zuckerman Frantz; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 11, 2013, previously published on November 7, 2013
In a case with broad implications for property owners near construction sites (Georgitsi Realty, LLC v. Penn-Star Insurance Company, No. 156, October 17, 2013), the New York Court of Appeals has opened the door to broad first-party property damage coverage for losses emanating from nearby...

 

HTMLRecent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future Litigation
William T. Bogaert, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 11, 2013, previously published on November 8, 2013
Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding unclaimed life insurance benefits. With the assistance of third-party...

 

HTMLA Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters
Sandy M. McDermott, Carl J. Pernicone, Frederick J. Pomerantz, Stacey B. Rowland; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 5, 2013, previously published on November 1, 2013
A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they should expect to encounter the next time a federal or state disaster...

 

HTMLChange in Illinois Code of Civil Procedure Results in Strict Payment Deadlines for Settling Defendants
Loren S. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 4, 2013, previously published on October 29, 2013
On August 26, 2013, Illinois Governor Pat Quinn approved a legislative measure designed to hold settling defendants’ feet to the fire in making timely settlement payments in those cases alleging personal injury, property damage, wrongful death or tortious conduct involving a claim for money...

 

HTML“Savings Clause” Still Threatens ERISA Plan Limitations
Laura E. Fannon, Adrienne C. Publicover; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 4, 2013, previously published on October 30, 2013
In Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003), the United States Supreme Court restructured the ERISA preemption analysis and reaffirmed the holding in Unum Life Ins. Co. v. Ward, 526 U.S. 358 (1999), that California’s notice-prejudice rule was saved from preemption....

 

HTMLMaryland Court of Appeals Upholds the Frye-Reed “General Acceptance” Test for Admissibility of Expert Testimony
Peter W. Chin, Angela W. Russell; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 28, 2013, previously published on October 23, 2013
The Maryland Court of Appeals issued an opinion on September 24, 2013, in Josephine Chesson, et al. v. Montgomery Mutual Insurance Co., No. 97, 2013 WL 5311126, -- A.3d --- (Md. Sept. 24, 2013) (Chesson III), finding that, under Maryland’s Frye-Reed standard, where there exists continued...

 

HTMLAs the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 23, 2013, previously published on October 18, 2013
New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered through the Marketplace. These enrollments have taken place online,...

 

HTMLACA Not Enough to Save Penn State’s Employee Wellness Program
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 14, 2013, previously published on October 9, 2013
Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is not enough when employers launch such programs. Penn State followed the ACA...

 

HTMLA Trap for the Unwary Advertiser
Thomas R. Manisero; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 14, 2013, previously published on October 11, 2013
For more than 30 years, Subchapter F, § 301.7216-3, of the Treasury Regulations has provided a safeguard for taxpayers over their personal information submitted to tax preparers. On January 14, 2013, the IRS issued Revenue Bulletin 2013-3 strengthening § 7216 limitations on tax preparers...

 

HTMLEvaluating Employer Insurance Coverages to Defend against Claimed Violations of the Affordable Care Act
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 9, 2013, previously published on October 4, 2013
Employers have long been subject to lawsuits brought by employees for employment actions such as wrongful termination, discrimination and harassment. With the opening this week of the Health Insurance Marketplaces and the deadline for employers to provide the Notice to Employees of Coverage Options...

 


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