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Albany Law Blog

3 tips for rebuilding credit after bankruptcy

Bankruptcy is a viable option for debt relief, but it does not come without consequences on your credit score. While your credit score will take a hit, sometimes bankruptcy is necessary to get rid of debt and get back on track. Your bankruptcy will show up on your credit report for up to 10 years, but that does not necessarily mean your credit will be in the tank for that long.

You can speed up the credit recovery process after bankruptcy by following some simple steps. Keep reading for some helpful tips to rebuilding a strong credit score.

Insurance company may deny claim based on false application

It's just a little fib, and many in New York feel certain no one will ever know. If the misinformation on an application for auto insurance saves the driver money, what harm can it do? In fact, about 10 percent of those applying for insurance reportedly lie on their applications -- such as saying their cars have lower mileage or are only driven for pleasure -- to get a lower rate believing the insurance company will never find out. However, improved technology is making it more likely that those fibs will come to light.

Intentionally misrepresenting information on an application for car insurance is fraud. Insurance companies use the information on applications to weigh the applicant's risk, which determines the amount one may pay for coverage. Details supplied on an application are carefully cross-checked against databases and catalogues of information regarding accident claims and other factors. If the information found on the databases contradicts the answers on an application, the insurer has the right to deny the application.

Insurance company files counter suit against health system

A health care system has filed a lawsuit in federal court alleging that its insurance companies have failed to provide coverages they are obligated to pay. In response, one insurance company filed a countersuit, alleging that the health care system engaged in fraudulent practices. Federal Insurance Company (also known as Chubb) is one of the largest insurance providers in the country, including many in New York. 

Novant Health claims that Chubb failed to pay for a settlement that the company made with its employees over its retirement plan. It alleges that none of its insurance providers have met their obligations to cover the $32 million settlement that resulted from a suit filed on behalf of current and former employees in 2014. To date, Chubb has apparently paid an estimated $4 million toward the costs of the settlement.

Medical professionals tout new law regarding malpractice claims

It is true that patients expect and deserve the best efforts of medical providers when they are ill or injured. However, those same medical professionals also may need some protection of their own when it comes to allegations of malpractice. New York providers may face allegations of substandard care when a patient suffers from an unexpected complication or poor recovery.

One state recently acted to help curb the incidences of invalid medical malpractice claims. This state approved a law that now requires patients or families who experienced a poor outcome to care to have the case considered by a review board before it proceeds to a court room. The board may take up to a year to arrive at its determination, which will be entered into part of the case once it comes before a court. The board is to be comprised of four individuals -- three medical providers and an attorney -- who will examine the merits of the claim before attempting to decide whether it has merit.

Siblings file civil suit against insurance company for bad faith

Even though many people do not like to contemplate the end of life, that should not preclude them from considering the need for life insurance. A life insurance company provides a valuable commodity for the surviving family members when the policy holder dies. However, simply due to the nature of the business, many of these companies may find themselves facing allegations of bad faith in a New York courtroom.

Two siblings filed a claim against Life Insurance Company of North America that was recently transferred to federal jurisdiction. The women claim that the insurer acted in bad faith and committed theft after the handling of their father's insurance policy. According to the narration provided by the women, their father held two insurance polices through his employer that was serviced by LICNA. The women claimed that although their step mother was the designated beneficiary of both polices, their late father has tried to change the beneficiary designation before his death to name both daughters as beneficiaries.

Physicians urged to use care with EHRs to avoid malpractice claim

The information age has changed many aspects of life -- including health care. However, while advances in technology are used to increase efficiency, they can lead to physicians facing a medical malpractice claim if one is not vigilant in the use of technology at all times. Some medical providers in New York are already facing claims based upon problems with patients' records.

Electronic Health Records are used in many aspects of patient care. These records include all findings reported during the health history and physical examination of a patient. They are also updated every time a patient is seen or requires further treatment. These electronic records are also utilized when physicians prescribe medications. However, there are drawbacks to using these systems, which can lead to a detrimental outcome for the patient adversely affected.

City threatens truckers with jail for use of Jake brakes

Truckers provide an invaluable service by transporting raw materials and goods across the country. Nevertheless, the operation of these commercial vehicles is not without risks, and engineers look for innovative ways to ensure the safety of drivers and fellow motorists. One such mechanism is known as a Jake brake. In New York and elsewhere, truckers are often the first ones blamed when they are involved in a serious accident, and Jake brakes are designed to reduce the possibility of such a wreck.

In spite of the fact that safety should clearly be an overriding factor, some municipalities appear to be placing a desire for tranquility above the well-being of their residents. One city recently banned the use of Jake brakes. These mechanisms allow for the release of compressed air inside the engine cylinders. This allows the engine to slow, which provides support for other braking mechanisms. However, the release of this trapped air has been likened to the sound made by an automatic rifle.

3 facts about credit card debt statute of limitations

Credit cards are one of the most common causes of debt accumulation in the U.S. Some people overspend while others lose their income, but no matter what events lead to your situation, confronting the problem is the first step to resolving it. Many people think that if debt goes into collections, it will be absolved after the statute of limitations passes.

There are several things you should know about credit card debt and its statute of limitations.

Medical professionals have options when facing malpractice claims

Those who choose to practice medicine provide an invaluable service to others. However, this occupation is not without its risks, and medical professionals may find themselves facing a malpractice suit whenever a patient's outcome was not what was expected. Some New York health care providers may currently be facing this difficult situation.

No medical provider sets out to cause a patient harm or make an existing illness or injury worse; unfortunately, not every poor outcome can be prevented. While many patients take setbacks in stride, there are many others who will attempt to hold providers responsible through the filing of a malpractice claim. There are several valid defenses against these claims. The first of which is to counter the claim that the outcome was a result of negligence instead of standard protocol.

If injury occurs, experienced truck accident defense is important

By its very nature, the trucking industry is fraught with opportunities for disaster. Be it due to an inexperienced driver of a breakdown in the mechanics of the tractor or the trailer, any incident involving a commercial vehicle and a third party can result in a plaintiff filing a personal injury claim against the trucker, the employer, insurance company or all three. New York residents or companies who have faced these circumstances know the importance of experienced truck accident defense professionals.

There are many aspects involved when a third party files a claim against trucking companies and their insurance carriers. In many cases, the validity of a claim may depend upon any evidence that can be collected at the scene of the accident. There are knowledgeable resources who are able to collect and examine that evidence in order to prove that the resulting injury was not the fault of the company or its insurance provider.

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