Publications
New York Court of Appeals holds that a medical corporation is not liable for the unauthorized disclosure of private health information by a non-physician.
A nurse recognized a patient as the boyfriend of a family member. The nurse then accessed the patient’s private health information contained in medical records and passed this information to the family member.
Case Law Alerts, 2nd Quarter, April 2014
Funds received via third-party indemnity can be used to satisfy a self-insured retention under Florida law. Also, policy language at issue governing transfer of rights does not abrogate the “made whole doctrine.”
Company A was not an additional insured under the policy of Company B, but the subcontract gave A the right to contractual indemnity in the event of negligence of B. A’s insurance policy had a $1 million SIR.
Case Law Alerts, 2nd Quarter, April 2014
Lawyer liability extended to third-party beneficiaries for one-sided inter vivos transfers of property.
The defendant attorney and law firm were retained by a corporation to prepare a quitclaim deed to gift a piece of property from the corporation to the plaintiffs.
Case Law Alerts, 2nd Quarter, April 2014
Shareholder cannot assert individual claim against the corporation and/or a corporate officer if claim is dependent upon and/or derivative to the corporation’s injuries.
The plaintiff brought an individual action against the defendant and Milestone Ranch (the corporation for which the plaintiff and the defendant were the sole shareholders, directors and officers) alleging that he sustained damages fr
Case Law Alerts, 2nd Quarter, April 2014
There is no legal requirement that insurance companies conduct perfect investigations.
The defendant claimed that a reasonable jury could not conclude that the defendant acted in bad faith, thereby violating its duties under the contract of insurance or Pennsylvania’s bad faith statute, 42 Pa.C.S. §8371.
Case Law Alerts, 2nd Quarter, April 2014
The essence of an insurance bad faith claim is that the insurer acted in its own best interests.
The plaintiff was seriously injured due to a car accident involving an insured of State Farm. The plaintiff sued State Farm, alleging bad faith failure to settle the claim against its insured.
Case Law Alerts, 2nd Quarter, April 2014
A policyholder bears the initial burden of showing that the insurance contract covers the loss.
This insurance coverage dispute involved property damage during Hurricane Sandy to a generator installed in the basement of One Manhattan Plaza.
Case Law Alerts, 2nd Quarter, April 2014
An insurance company’s due process rights to sue for a declaration rescinding an insurance agreement are to be protected.
This lawsuit was an action for injunctive relief in which the plaintiff, a commercial insurance carrier, sought rescission of a property and liability insurance policies issued by it to the defendant, a New Jersey partnership
Case Law Alerts, 2nd Quarter, April 2014
Claims for alleged failure to train and supervisory liability relating to police psychological evaluation dismissed.
The plaintiff, an African American woman, was 50 years old when she applied for a position with the Police Department. The City has responsibility for testing, hiring, training and supervising employees of the
Case Law Alerts, 2nd Quarter, April 2014
Claims against officers and borough were dismissed, as under the circumstances, the officer’s actions amounted to reasonable suspicion for an investigatory stop.
The plaintiffs—a police officer and her sons—brought a civil rights action against the Borough and two of the Borough’s police officers alleging an unlawful seizure and malicious prosecution in violation of t
Case Law Alerts, 2nd Quarter, April 2014