06 November

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Insurers Could Face More Bad Faith Suits if Legislation Passes

Legislation pending in New Jersey could make it easier to file bad faith lawsuits against insurers. The New Jersey Insurance Fair Conduct Act is currently under consideration by the Assembly Financial Institutions and Insurance Committee after having been passed by the Senate. If approved, SB 2144 would take effect immediately. Jack Vales, a partner in the Short Hills, N.J. office of Dentons US, and colleague, Erika Lopes-McLeman, a senior managing associate in the same office, issued a bulletin on the legislation recently. Under current law, if an insurer can show a debatable reason for a coverage decision, that will defeat any type of bad faith...

01 November

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NYPD Suspends Body Camera Requirement After 1 Explodes

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

The New York City Police Department scrambled Monday to find ways to quickly replace thousands of body camera devices it suddenly stopped using after an officer said one caught fire and exploded as he headed out on patrol over the weekend. The department shelved about 3,000 of its newest model Vievu LE-5 units, about one-fifth of its body camera inventory. Officers using other models will continue to wear them, the department said. Deputy Commissioner Jessica Tisch said pulling the LE-5 cameras from use made it unlikely the department would meet its goal of equipping the vast majority of officers with body cameras by the...

30 October

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Study: Speed Limit Enforcement Cameras Save Money and Lives in NYC

Posted by orincohenlaw

in Accidents, Injuries, Truck Accidents

Speed cameras rank among the most cost-effective social policies, saving both money and lives according to research conducted at Columbia Mailman School of Public Health. Using the 140 speed cameras in New York City as a case study, researchers analyzed how to optimize the number of cameras such that the most lives can be saved at the lowest cost. They reported that doubling the number of cameras from 140 to 300 would save $1.2 billion while improving the quality and the duration of New Yorkers’ lives. The findings are published online in the BMJ journal Injury Research. “There are an optimal number of...

25 October

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OSHA Reveals Top 10 Violations for 2018

Posted by orincohenlaw

in Accidents, Construction Workers', Injuries, Premises Liability

The Occupational Safety and Health Administration (OSHA) announced the preliminary Top 10 most frequently cited workplace safety violations (current as of October 1) for fiscal year 2018. Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, presented the Top 10 as part of the 2018 NSC Congress & Expo, an annual gathering of safety professionals. While the rankings for OSHA’s Top 10 most cited violations vary little from year to year, violation No. 10 on this year’s list, “Eye and Face Protection” (1926.102), was not on the 2017 list. The Top 10 for Fiscal Year 2018 are: 1. Fall Protection – General...

23 October

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Higher Costs Associated With Denied Workers’ Comp Claims

Posted by orincohenlaw

in Accidents, Construction Workers', Premises Liability

Workers’ compensation claim denial rates increased a little over one percent between 2014 and 2017, according to a white paper published earlier this year by Lockton. The increase is significant because of the increased costs associated with denied claims. The analysis examined denial rates and focused on answering two questions: What’s driving the increase? Is a high denial rate in the best interest of the employer? The top 10 most common reasons for workers’ comp claim denials include: No medical evidence of injury. No injury per statutory definition. Reservation of rights. Pre-existing condition. Idiopathic condition. Intoxication or drug-related violation. Stress non-work related. Failure to report...

18 October

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How Data & Analytics Are Helping Insurers With Flood-Damaged Vehicles

Posted by orincohenlaw

in Uncategorized

Initial estimates of the damage caused by Hurricane Florence are expected to total approximately $20 billion, as residents of the Carolinas and Virginia are faced with cleanup and recovery. The Carolinas experienced historic flood levels, according to Moody’s Analytics. Mark Zandi, chief economist for the firm, said the flooding was more extensive than anticipated because it was such a slow-moving system. The analyst firm also said Florence will end up being one of the ten costliest hurricanes America has ever seen. While homes and businesses face their own cleanup from the flooding, personal transportation causes great headaches as well. Early estimates from...

16 October

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N.Y. Limo Service Operator Charged in Crash That Killed 20

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Wrongful Death

A limousine service operator was charged Wednesday with criminally negligent homicide in a crash that killed 20 people, while police continued investigating what caused the wreck and whether anyone else will face charges. Nauman Hussain, 28, showed little emotion as he was arraigned Wednesday evening in an Albany-area court, and he ignored shouted questions from reporters as he left after posting $150,000 bond. A judge had entered a not guilty plea for him. Earlier, his lawyer said that Hussain wasn’t guilty and that police were rushing to judgment in investigating Saturday’s stretch limo wreck . But State Police Superintendent George Beach said Hussain hired...

11 October

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NJ Transit Will Miss Deadline for Installing Positive Train Control

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

Lifesaving technology aboard New Jersey Transit trains won’t be in place by a Dec. 31 deadline set by Congress, the agency’s executive director told board members. The operator of the nation’s second-biggest commuter railroad, which leads its peers for accidents and federal safety fines, instead will shoot for a two-year extension for the project known as positive train control from the Federal Railroad Administration, according to a memo to the board by Executive Director Kevin Corbett. “We expect to meet the FRA’s statutory requirements by the end of 2018 and receive federal approval to have PTC fully implemented on our rail system by Dec. 31, 2020,”...

09 October

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Jury Awards More Than $242 Million for Seat Defects

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries

A Texas jury has awarded more than $242 million to a Dallas-area family who sued Toyota over what they said were defective front seats in their 2002 Lexus sedan. Attorneys for Benjamin and Kristi Reavis alleged defects in their 2002 Lexus ES 300 caused their front seat backs to collapse backward in a September 2016 rear-end collision on Central Expressway near Downtown Dallas. The Reavises children, 5-year-old Emily and 3-year-old Owen, were in the back seat, in their child safety seats, at the time of the crash. Both children were rushed to the hospital with severe head trauma. "It's a life-long injury," Kristi...

04 October

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507 People Sick After Eating McDonald’s Salad

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

Federal health officials say they've confirmed more than 500 cases of people who became sick with an intestinal illness after eating McDonald's salads. The illnesses reported earlier this year are linked to the cyclospora parasite, which can cause diarrhea, intestinal pain, nausea or fatigue. The Food and Drug Administration said Friday that 507 cases have been confirmed in 15 states and New York City. McDonald's stopped the sale of salads at 3,000 restaurants last month until it could find a different supplier. The FDA says it's still investigating the supplier of romaine lettuce and carrots. States with cases include: Iowa, Indiana, Michigan, Minnesota,...

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