New York Construction Accidents: Beware of the Fatal Four

Construction sites can be a dangerous place to work. While any number of errors and oversights can lead to serious injuries or deaths, more than half of all construction accidents are attributable to one of four causes. The Occupational Safety and Health Administration (OSHA) refers to these construction hazards as the “Fatal Four.” They include: […]

When Is a Lump-Sum Payment the Best Resolution to Your NY Insurance Case?

During settlement negotiations, insurance companies may offer a lump-sum payment to settle your long-term disability claim. Rather than receiving monthly disability benefit payments, the insurance company would provide a one-time cash settlement, which terminates its obligations to pay you benefits. When negotiating a disability claims settlement, it is important to understand the advantages and disadvantages […]

ERISA Denials Are Not the End of the Road

If a plan administrator initially denies your disability, health or life insurance benefit claim, you should never take “no” for an answer. Under the Employee Retirement Income Security Act of 1974 (ERISA), you have certain rights when your claim is denied. ERISA requires a very specific process for claims and appeals, but offers significant opportunities […]

Failure to Provide Timely Notice Can Invalidate Your Insurance Claim

Most commercial liability insurance contracts require claimants to provide a notice of claim to the insurer within a specified period of time. The failure to do so can prove fatal to your ability to obtain coverage. In The Travelers Indemnity Company v. Orange And Rockland Utilities, Inc., the Supreme Court of New York recently ruled […]

Smile, You’re on Camera: Insurance Companies Use Surveillance to Monitor Claimants

The National Security Agency isn’t the only one spying on the public. Insurance companies often use surveillance to investigate disability claims. While it may seem creepy, most surveillance practices, which include taking photos or video of activities outside the home, are legal and admissible in court. The rationale is that insurance companies are entitled to […]

Whiplash and Neck Injury

Last year New York Yankees third baseman Eric Chavez sustained a whiplash injury and concussion when he dove for a ball. He returned to play ball a little over a week later. Luckily for Chavez, the injury he suffered was not severe and he was able to heal fast. Whiplash is frequently misunderstood. While it […]

Understanding How the New York Statutes of Limitation Apply to Your Personal Injury

When you suffer a serious injury due to the negligence of another person or entity, it is important to realize that there is a clock ticking on how much time you have to file a legal claim for your injury. This ticking clock is the legally defined statute of limitations that applies to your particular […]

Cigna Settles Multi-State Insurance Investigation

Cigna Inc. has reached a Regulatory Settlement Agreement (RSA) with state insurance regulators over its improper handling of long-term disability (LTD) insurance claims. Cigna agreed to make significant changes to its claims procedures, set aside $7 million for policyholders, and pay the California Department of Insurance a $500,000 penalty and $150,000 to reimburse the cost […]