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Free Training Seminars Available |
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Having the opportunity to meet and discuss new trends in the law, recent changes in appellate practice and having your questions answered by lawyers on the front lines in the Courts every day is a "Win-Win" for our clients and for our attorneys.
Recent seminars have focused on Declaratory Judgment actions, vacating default judgments, non-cooperation, out of state Insurance carriers and the applicability of the New York Threshold, and Current trends in No-Fault Litigation.
If you would like a training seminar for your Claims Personnel on the many issues which arise in your day-to-day operations, please email fscahill@psnylaw.com or call us at 516.294.5050.
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| iNews Issue: 1 |
January/2009 |
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Welcome to the first edition of Picciano & Scahill's insurance newsletter called iNews.
Emails and conversations about changes in the law, trends in the industry, interesting decisions and everything else having to do with insurance law go on in our office every day. So why not share them with you, our valued clients and friends? That is the purpose behind the launch of iNews. In each issue we also give you a behind the scenes look at our staff and some of the things you may not know about us. We welcome your comments and feedback. |
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New York's "No Prejudice" Declaratory Judgement Bill is now The Law of New York. |
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Governor David Paterson signed New York's "No-Prejudice" Declaratory Judgment Bill on July 21, 2008. The law's effective date was 180 days after the Governor's signature and the changes are now in effect. CPLR section 3001 has been amended to allow a direct action against the Insurance Carrier as provided by Section 3420(A)(6) of the Insurance Law. All policies for Casualty Insurance must now provide that the failure to give notice within the time frame set forth in the policy shall not provide grounds for disclaimer of coverage. The Burden of Proof is now on the Insurer to prove that it was prejudiced by late notice of claim or suit if the notice was given within two years of the occurrence or receipt of the summons and complaint. If the notice is provided more than two years beyond the time period provided in the policy, the burden shifts back to the insured to prove the Carrier is not prejudiced. If you would like a training seminar for your Claims Personnel on this issue, please email fscahill@psnylaw.com or call us at 516.294.5050. We will be happy to come to your office and discuss how to deal with this dramatic change in New York Law. |
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Should You Move to Disqualify Plaintiff's Attorneys Representing Both the Driver and the Passenger? We think so. |
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 We are pleased to report that Judges in the Bronx and other counties are taking a hard line against plaintiff's attorneys who want to represent multiple parties in the same accident. If a case like this comes before you, we suggest you take a serious look at moving to disqualify. This is supported by a 2001 decision by the Supreme Court, Appellate Division, Second Department, New York (Wayne E. BOYD, et al., Plaintiffs, v. Herbert TRENT, et al. 287 A.D2d 475). In this decision the Appellate Court disqualified the same attorney for both the driver (father) and the passenger (child).
We agree with the Appellate Division that there is a clear conflict of interest in representing the plaintiff passenger and the plaintiff driver in the same action.
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Insurance Fraud Continues to Grow and Becomes More Complex |
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It was recently reported in the New York Law Journal that the New York State Insurance Department's Insurance Frauds Bureau received 22,079 reports of suspected fraud in 2007.
The kinds of insurance fraud are becoming more and more complex and sophisticated, far exceeding the well-known, straightforward examples of the past, where car owners arranged for the theft of their own automobiles and homeowners torched their own houses for the insurance money - although those examples still occur.
Today's insurance fraud includes organized conspiracies involving everything from commercial rate evasion, health care fraud and Workers' Compensation premium fraud to no-fault, life and property insurance fraud. There are health care providers that pay kickbacks for referrals, owners of predamaged vehicles filing fraudulent claims, and perpetrators of identity fraud filing false insurance claims.
Combating fraud is a concerted effort between Claims Professionals, S.I.U investigators and your counsel. John F. Picciano, a former F.B.I. agent, leads our team of dedicated attorneys in combating fraud with our partners in the Insurance Industry. |
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A Sample of First Party Defense Verdicts from 2008
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 On February 7, 2008 in the matter of Sean Cotter, DC, PC as Assignee of McSood Husdain v. State Farm Insurance, our office successfully defended this provider claim on the issue of medical necessity (physical therapy) based on an IME performed by Dr. David Inslicht. Scott Odierno Esq. represented plaintiff and thoroughly cross-examined our expert but did not offer a rebuttal witness. This Trial was before J. Esposito in Civil Queens.
On February 26, 2008 in the matter of East Meadow Acupuncture as Assignee of Deysi Valle v. State Farm Insurance, our office successfully defended this provider claim on the issue of medical necessity (acupuncture) based on an IME performed by Jack Coleman, Acupuncturist. Scott Odierno Esq. represented plaintiff and thoroughly cross-examined our expert but did not offer a rebuttal witness. This Trial was before J. Healy in Civil Queens.
On March 11, 2008 in the matter of Ross Orthopedic Group as Assignee of Patricia Roslewicz v. State Farm Insurance, we received a defense verdict on an issue of medical necessity (EMG/NCV) based on a Peer Review performed by Dr. Ravi Tikoo, neurologist. Israel & Israel represented the provider and offered Dr. Finkelsteyn as a rebuttal peer review witness. This Trial was before J. Wade in Civil Queens.
On June 3, 2008 in the matter of CP Physical Therapy as Assignee of Bernice Viruet v. State Farm Insurance, we won an issue of medical necessity trial (brain scan and MRI) based on a brain scan Peer Review performed by Kevin S. Portnoy, chiropractor and a cervical MRI Peer Review performed by Dr. Joseph Cole, Physiatrist. Lewin, Goodman represented plaintiff and thoroughly cross-examined but did not offer a rebuttal witness. This Trial was before J.Esposito in Civil Queens.
On July 14, 2008 in the matter of Central Radiology as Assignee of Monique Cadet v. State Farm Insurance, we won a default defendant's verdict in a medical necessity matter before J. Levine in C/Richmond because our doctor was present and plaintiff's request for a third adjournment was denied.
On August 20, 2008 in the matter of Midtown Medical as Assignee of Concetta Barresi v. State Farm Insurance, we received a defense verdict on an issue of medical necessity (chiropractic) based on an IME performed by Dr Steven Iscowitz, chiropractor. Scott Odierno Esq. represented plaintiff and thoroughly cross-examined but did not offer a rebuttal witness. This Trial was before J. Esposito in Civil Queens.
Marilyn Schurin of our No-Fault Litigation team defended all above trials.
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Pro Bono |
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 We are proud to provide pro bono legal services to local military personnel. Our office is pro bono counsel to the Marine Garrison in Garden City, New York and the Army Garrison in Fort Hamilton.
This year the Holidays came early for one Navy Officer and his family. The Navy Officer who recently married wanted to adopt his 4 year old step daughter. Andrea Ferrucci handled all the legal services required for the adoption. "It was one of the happiest and proudest days of my life as a lawyer" Andrea said. "It was such a pleasure to be in court before a Judge dealing with this joyful event instead of a lawsuit." Andrea is now assisting in an adoption for another military family. Whether it is appearing in Family Court, assisting with a real estate matter, stopping a foreclosure, or helping a family member with an immigration problem, all of our attorneys are proud to do our small part to help those who serve our country.
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Picciano & Scahill, PC
900 Merchants Concourse-Suite 310
Westbury, New York 11590
(P)516.294.5200
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