22 December

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Uninsured or Underinsured: What to Do After a Car Accident

When you’re involved in a car accident, it can be a very stressful occurrence. This scary moment can intensify when the driver responsible for your damages lacks car insurance. Although many states have regulations that require proper insurance, many drivers remain uninsured or underinsured. This can leave victims dealing with the heavy financial toll that a personal injury can cause. A personal injury lawyer in your community can help you understand what to do if involved in an accident. Read on for what steps to take next. Post-Accident Steps Even if you have no visible injuries, avoid leaving the accident scene without notifying the police....

19 April

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Does ‘Alleviation’ Alleviate Insurance Carrier Fears?

Posted by statenislandesq

in Accidents, Car Accidents

Carriers, providers, and legal practitioners, alike, hoped the court would provide clarity on a carrier’s obligations once a policy becomes exhausted, but the recent decision did not squarely address that issue. Thus, albeit not articulated, the Second Department makes clear that proof of policy exhaustion, alone, is insufficient to dismiss a personal injury protection (PIP) lawsuit. That is, it is still necessary to scrutinize the timeliness and propriety of a denial. The logical conclusion is that a claim will be awarded if the denial or defense is not sustained regardless of policy exhaustion. Pursuant to New York state no-fault law, an automobile...

01 April

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Proposal Would Allow Pothole Damage Claims Year-round

Posted by statenislandesq

in Accidents, Car Accidents, Injuries, Insurance

Some New York lawmakers are pushing a bill that would require the state to reimburse drivers for pothole-related repairs all year-round. Currently in New York, who is responsible for car damage from potholes depends on the time of the year. If it’s between November and May, when most potholes form, you cannot file a claim. Some state legislators are proposing a bill that would change that. One version of the legislation would create a reporting system that gives the state 14 days to fix the pothole – otherwise it would have to start paying claims. AAA New York says something needs to change...

08 November

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Commercial Insurance Prices in U.S. Increase for First Time in 3 Years

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Insurance

Commercial insurance prices in the U.S. increased modestly in the first quarter of 2018, according to leading global advisory, broking and solutions company Willis Towers Watson’s Commercial Lines Insurance Pricing Survey (CLIPS). The survey compared prices charged on policies written during the first quarter of 2018 with those charged for the same coverage during the equivalent quarter in 2017. Price changes were in excess of 1 percent for the first time in 11 quarters, breaking the moderating trend in price increases observed since 2013. Data for three standard lines — commercial auto, commercial property and excess/umbrella liability — indicated fairly significant...

06 November

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Insurers Could Face More Bad Faith Suits if Legislation Passes

Posted by orincohenlaw

in Accidents, Insurance

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...

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...

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,”...

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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