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HTMLEastern District of New York Adopts “Express Train” Discovery Schedule to Ensure Expeditious Resolution of Sandy-related Coverage Suits
Michelle M. Arbitrio, Stuart A. Miller; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 28, 2014, previously published on April 24, 2014
Like many New Yorkers, the U.S. District Court for the Eastern District of New York (EDNY) has had a difficult time dealing with the aftermath of Superstorm Sandy. In response to the hundreds of lawsuits that have flooded its docket - the overwhelming majority of which involve claims under...

 

HTMLTemporary Insurance Applications and Agreements: The Impact of Material Misrepresentations in Life Insurance Applications on Coverage
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 19, 2013, previously published on November 15, 2013
Earlier this year, the Fourth Circuit upheld a decision of the U.S. District Court for the Eastern District of Virginia, Banner Life Ins. Co. v. Noel, No. 12-1329, 2013 WL 221650 (4th Cir. Jan. 22, 2013), holding that a material misrepresentation made in a life insurance application was a...

 

HTMLImportant ERISA holdings from Hobson v. Metropolitan Life Insurance Company, 574 F.3d 75 (2d Cir. 2009)
Michelle M. Arbitrio, Emily Hayes; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 10, 2010, previously published on February 2010
In July 2009, the U.S. Court of Appeals for the Second Circuit issued a decision clarifying a number of issues in a case reviewing a denial of ERISA long term disability benefits under an “arbitrary and capricious” standard of review. This included an explication of the role of...

 

Adobe PDFU.S. Supreme Court Hears ERISA Conflict-Of-Interest Benefits Determination Case
Fred N. Knopf, Michelle M. Arbitrio, Matthew D. Donovan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 17, 2008, previously published on May 2008
On April 23, 2008, the U.S. Supreme Court heard oral argument in Metropolitan Life Insurance Company et. al. v Wanda Glenn, concerning the issue of whether an Employee Retirement Income Security Act(ERISA) long-term disability benefits plan administrator that both determines claims and pays...

 

Adobe PDFRecent Decision Regarding SOLI Policies In The Southern District Of New York
Fred N. Knopf, Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 7, 2008, previously published on February 2008
On January 22, 2008, the Honorable Denny Chin of the U.S. District Court for the Southern District of New York issued a decision in the case of Life Product Clearing LLC v. Linda Angel et al., holding that life insurance policies are invalid if purchased solely for resale to a third party.