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Albany Law Blog

Man sues State Farm Auto insurance company over accident

In New York and every other state, certain levels of insurance must be carried when operating a motor vehicle. Unfortunately, not every driver will ensure that coverage is in place before getting behind the wheel. When an accident is caused by an uninsured or underinsured driver, an accident victim often looks to his or her own insurance company coverage for financial relief.

Recently, a man in another state filed a civil suit against State Farm Mutual Automobile Insurance for an accident that occurred two years ago. He alleges that he secured coverage through the company, but was never compensated under the portion of his policy that applied to underinsured or uninsured drivers. He asserts that he has suffered in the aftermath of the wreck with another driver who was not adequately covered by his or her own insurance.

Several doctors sued, 1 loses, in medical malpractice case

Those who practice medicine know that not every case will go as planned regardless of the precautions taken. Nevertheless, the vast majority of doctors strive for the highest level of patient care in all circumstances. Unfortunately, there are some situations in New York and elsewhere that will result in malpractice litigation.

Such is the case involving purported surgery complications in another state. A federal judge recently awarded a verdict of an estimated $13.4 million that stemmed from a lawsuit filed in 2012. In an unusual decision in a state that most often finds in favor of the defense, the judge made the ruling after the accused surgeon elected not to offer a defense.

Man files federal civil suit against bank and insurance company

Disability insurance is meant to cover circumstances where an individual suffers an injury or illness that prevents an individual from working. While claims under this type of insurance policy often have merit and many are paid, there are requirements that the insurance company has the right to ensure have been met. In New York and other jurisdictions, some claims are denied, and some of those result in litigation.

Such seems to be the issue in one lawsuit recently filed in a U.S. District Court sitting in another state. The plaintiff alleges that his claim for both short and long-term disability was denied by BB&T Corporation and Hartford Insurance Company. He asserts that the medical evidence supporting his claim was not given due consideration when he presented it.

Man files suit against truck insurance company, driver

Those who operate tractor-trailers for a living are aware of the dangers that are inherent to their work. As a result, they strive to be diligent about performing their duties in such a manner that they do not give their truck insurance company reasons to raise their rates or worse, drop their coverage. Unfortunately, drivers do fail to remain vigilant at times and accidents do occur as travelers in New York are well aware.

Recently, a man filed a federal lawsuit against a driver, his employer and his insurance provider. The man claimed that he was traveling along an interstate highway when traffic ahead of him began to slow. He asserts that he adjusted his speed in order to avoid an accident. However, the driver of the 18-wheeler behind him, according to the claim, failed to make a similar adjustment.

One state seeks to aid insurance industry by reforming lawsuits

In certain circumstances, the media seems to hold a jaundiced view of insurance companies. However, without the protection provided by many different branches of the insurance industry, many consumers and businesses would be left vulnerable and unable to rebuild after a devastating event. New York residents have likely experienced situations where an insurance policy enabled them to recover from an unforeseen setback.

One state recently announced the introduction of proposed legislation that would offer some protection to one area of the insurance industry. The bill would prevent attorneys from filing a lawsuit that would seek two-pronged compensation. A driving force behind the proposed bill is to aid in the rising lawsuit abuse crisis and to help prevent the insurance companies from reducing coverage to private homeowners.

Bill to ensure privacy of doctors in medical malpractice defense

The majority of medical care providers endure years of institutional learning and residency programs before they practice medicine. Even then, they may still turn to their colleagues for input when they encounter an issue. Now, one state is attempting to protect one aspect of that input in the case of medical malpractice defense situations. While this bill does not impact residents in New York, it may provide insight into how lawmakers may be able to assist medical professionals

The majority of states have provisions that protect the confidential peer review reports that hospitals encourage for improvements in patient care. However, a top court in one state ruled in 1998 that the peer review reports should be subject to evidence rules in the matter of malpractice allegations. However, a bill was recently introduced that would restore that privacy for peer reports.

Prevention of accidents key to reducing personal injury claims

It was reported that the trucking industry has avoided legislation that would require a safety feature on trailers. However, a trucking industry spokesman stated that accident prevention should be the area on which to focus. Fewer accidents, in turn, could lead to a reduction in personal injury claims in New York and throughout the nation.

The safety equipment in question is the side guard rails that are installed on the sides of trailers in order to prevent a smaller vehicle from sliding underneath in a side collision. The equipment is required on all trailers in many other countries but has not been mandated in this country. Industry leaders claim that the weight of these devices can compromise the integrity of the trailer's structure. Though not required, there are individual cities that are ordering these guards on the equipment that they are purchasing.

Over your head in credit debt? Try these 3 solutions

Credit debt affects many people in the United States! A 2016 report from the American Household Credit Card Debt Study showed that the average American home has $16,061 in credit card debt alone. Add to this student loans, auto loans, and mortgages, and it is easy to see why people sometimes struggle to get by.

Fortunately, if credit card debt has started to affect your family, there are solutions. You are the sole breadwinner, and you need to make your income last. That doesn't mean you should have to live paycheck-to-paycheck. You, your spouse and your child benefit from having a savings and extra to spend, so here are some tips on how to cut back and get out of debt.

Medical malpractice claims: protecting the interests of doctors

People often forget that medical care is a practice, not an exact science, and treatment plans and surgeries are never guaranteed to provide a specific outcome. Despite a full explanation of risks and possible side effects, New York doctors may be wrongfully accused when a patient suffers from complications or does get the desired outcome. At this point, the medical professional needs an experienced ally to come alongside and seek a beneficial resolution to the issue at hand.

As a doctor or other type of health care professional, every decision you make could come under scrutiny. You know that the cost of a medical malpractice lawsuit can be detrimental to your practice, your career and your reputation. When legal issues arise, they must be handled delicately and professionally. Our extensive experience in representing medical professionals can benefit you if you are under threat of or are already facing a lawsuit.

Insurance company class action suit dismissed after policy change

For generations, people have had some form of insurance in order to mitigate their losses in various ventures. In modern society, an insurance company offers valuable protection from a variety of situations, including health problems, fire losses and car accidents. People from all walks of life in New York and elsewhere typically have a number of different policies in force at any given time.

Recently, one of the biggest names in health insurance, Blue Shield Life and Health found itself named in a class action suit filed by patients who had been denied coverage for an expensive medication. The patients all had been diagnosed with a serious liver disease and had sought treatment at medical centers. The physicians treating them had apparently prescribed a newer medication used to treat the chronic disease.

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