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Albany Law Blog

Man claims he suffered harm from insurance company denial

Many New York employers offer disability as a benefit to their employees. However, there are times that even purportedly valid claims are denied by an insurance company as a matter of policy, for many reasons. As a result of a denial, some claimants file a civil suit in an effort to obtain those benefits.

One man recently filed a complaint in a federal court sitting in another state. He has alleged that his employer, Bristol-Myers Squibb and Aetna Life Insurance Company are liable for causing a breach of contract by denying his short-term disability claim. The man states that he suffered harm as a result of the repeated denials, beginning some time in 2015.

State takes steps to help doctors and patients by capping awards

In a move that is touted as helping both sides in medical malpractice suits, a state is closer to finalizing a bill that would limit monetary awards. Lawmakers stated that both doctors and patients will ultimately win by reducing the amounts of compensation except in the most appalling circumstances. While many states have applied these limits, New York currently does not have any set caps.

This state recently held votes in both houses in order to set limits on the majority of medical malpractice awards. The state seeks to limit the subjective portions of these lawsuits in an effort to reduce the amounts doctors are forced to pay for suffering and emotional pain. The ceiling for these awards is expected to be set at $250,000 except in the most appalling instances where a person has suffered grievous harm. It is hoped that setting these types of caps will have the desired effect of holding down both malpractice insurance rates for doctors and thereby keeping medical care costs down as well.

4 common reasons people turn to bankruptcy

Overwhelming debt does not just come to those who are careless with money. Debt grows and expands if you lose a job unexpectedly if a medical condition arises and you cannot pay for treatment, or even because you are seeking a divorce. Filing for bankruptcy is not an irresponsible thing to do but may be the key to a fresh financial start. If any of the following situations apply to you, you may benefit from considering bankruptcy.

It takes a team to help doctors prevent medical malpractice

Medical providers spend years of their lives studying medicine in order to help patients with health care problems. It often requires a coordinated effort to help these doctors and nurses avoid a medical malpractice lawsuit, and to defend them successfully when one is commenced. Though New York medical providers work diligently to ensure good quality care, a mistake can result in all parties suffering harm through either physical injury for patients or monetary damages for providers.

One area that could benefit from a more coordinated approach is the operating theater. The danger of leaving a surgical implement inside a patient may seem absurd, but it has happened an estimated 772 times between 2005 and 2012. Of those occurrences, 16 resulted in the death of the patient. One of the easiest methods to prevent an unintentionally retained foreign object is for all items to be counted multiple times.

Court rules warrant needed before searching data in car accidents

Many aspects of daily life have changed with the increasing use of technology. Now, many of the vehicles on New York highways and on highways in every other state in the country include data boxes. While these boxes contain vital information, they can also play a role in car accidents and defending the driver involved.

One court in another state recently ruled that these data boxes could not be examined for information without the authorities first obtaining a proper search warrant. This decision came about as a result of a case that involved a charge of vehicular manslaughter and driving under the influence. Police downloaded the information on the vehicle's data box without first obtaining legal rights to do so. The driver's defense team successfully sought to have the information suppressed.

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.

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