Long Island Personal Injury Lawyer - Miscellaneous

More Drivers Are Uninsured As Recession Grows Deeper

Michael Levine — Tue, 17 Mar 2009 17:49:05 GMT

Chances are increasing that the next fender bender you are involved
in could be with someone without car insurance. As the recession
leaves millions of workers unemployed and pressures family budgets,
one place many are cutting is their insurance coverage.

The Insurance Research Council (IRC) estimates that by next year
nearly one in six motorists may be driving without insurance. That’s 3
million more uninsured drivers than just five years ago.

For every 1 percent increase in unemployment nationwide, the
percentage of uninsured motorists increases three-quarters of a
percentage point, IRC Vice President David Corum said. That could
result in a total of 16.1 percent by next year, an all-time high. The
rate was 13.8 percent in 2007. Based on current unemployment rate
projections, the percentage of uninsured motorists is expected to rise
to 16.1 percent in 2010.

The group examined data collected from nine insurance companies,
representing approximately 50 percent of the U.S. private passenger
auto insurance market. According to the IRC, the estimates for
uninsured motorist activity were based on a ratio of insurance claims
made by individuals who were injured by uninsured drivers to claims
made by individuals who were injured by insured drivers. The study
contains recent statistics by state on uninsured motorists claim
frequency, bodily injury liability claim frequency, and the ratio of
uninsured motorists to bodily injury claim frequencies.

New York is not in as dire shape when it comes to car insurance as it
is with the economy. The Empire State is tied for the third lowest
uninsured motorist rate at 5 percent, 4 percent behind Massachusetts. New Mexico led all states with a 29 percent uninsured motorist rate.

Travelers Cos. Inc. reports that there has recently been a mild
increase in uninsured claims and warns against dropping insurance as a
way to save money. William Pearse, the St. Paul, Minnesota company’s
vice president of product strategy and design notes that it’s equally
important to carry liability insurance that covers people in the other
car and to have uninsured motorist coverage on your policy, which
protects you if the other car is not insured. The average cost for
liability insurance in the United States is about $40 to $50 a month.
Although costs can vary, uninsured motorist coverage typically adds
from 7 percent to 10 percent to an insurance premium. Drivers without
at least liability insurance are breaking the law in all but two
states.

Originally posted at InjuryBoard by Michael Levine

Holiday Recalls: Hallmark Snow Globes, Toy Drums with Lead Paint......

Jim Forde — Tue, 23 Dec 2008 18:51:23 GMT

The Consumer Product Safety Commission has announced the recall of Hallmark Jumbo Snow Globes because of a risk of fire hazard:

www.cpsc.gov/cpscpub/prerel/prhtml09/09073.html

Also, Woodstock Percussion Toy Drums are recalled because of violation of lead paint standards:

www.cpsc.gov/cpscpub/prerel/prhtml09/09076.html

Originally posted at InjuryBoard by Jim Forde

New Limits on Medicaid(2)

Michael Greene — Thu, 18 Dec 2008 13:46:12 GMT

A recent article in the November issue of "The Suffolk Lawyer", discusses the important issue of Medicaid liens. In it, it states that "the Second Department has limited the right of a Social Services Department to recover from a personal injury settlement the monies expended by Medicaid in the care and treatment of a person with Down’s Syndrome to the period after the creation of a supplemental needs trust (SNT) and not from the date Medicaid first established the recipient’s eligibility for benefits. In doing so the court harmonized several provisions of state and federal law respecting the creation of SNTs in light of the requirements that an SNT contain repayment language and in consideration of the recent United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn (547 US 268). "

The article further discusses the case, Matter of Ruben N. v. Elizabeth T., 2008 Slip Op 06997, decided September 16, 2008, which involved a person with Down’s Syndrome, wherein Medicaid paid his medical bills. Ultimately, the malpractice action settled on August 23, 2002 for $1,600,000.00, with DSS agreeing to accept $102,423.56, in compromise of the 104-b Medicaid lien, attaching against the proceeds of the personal injury action.

By effecting this resolution with DSS, the balance of the settlement proceeds were placed in a supplemental needs trust, which permitted those funds to be disregarded in any calculation of eligibility for Medicaid benefits. The supplemental needs trust in compliance with both federal, state and Social Services law normally contains language, that upon the death of the beneficiary, "the state would receive the remaining trust corpus to the total value of ‘all medical assistance’ provided by Medicaid to the beneficiary."

The party to the case died in 2003. At that time DSS demanded payment, "for all Medicaid disbursements for Ruben’s medical care during his entire lifetime, both before and after the spinal surgery resulting in the paralysis, in the amount of $632,714.22".

It was ultimately decided by the Appellate Division Second Department, to limit the monies received by DSS to the period of time after the creation of a supplemental needs trust, and not the date that Medicaid first established the recipient’s eligibility for benefits.

Originally posted at InjuryBoard by Michael Greene

New Limits on Medicaid

Michael Greene — Thu, 18 Dec 2008 13:42:27 GMT

Originally posted at InjuryBoard by Michael Greene

5 Simple Steps To Deal With Your Insurance Carrier

Michael Levine — Fri, 12 Dec 2008 14:26:00 GMT

Here are some tips you can use in dealing with insurance companies:

READ YOUR POLICY CAREFULLY: You should know exactly what is covered and how to appeal a denial by your insurance company.

BE VERY CAREFUL FILLING OUT FORMS: Even if you make an honest mistake your insurance company may seize on that as a reason to retroactively deny your coverage.

DO NOT CASH A PREMIUM REFUND CHECK: If your insurance company rescinds your insurance they may send you a refund for the premiums you paid. Cashing it may be interpreted as accepting their decision.

PUT EVERYTHING IN WRITING: Calling your insurance company is likely to be a frustrating experience, and you will not be able to prove anything that a company representative tells you over the phone. Keep records of all bills and correspondence.

CONTACT YOUR STATE INSURANCE DEPARTMENT: They may be able to help you. But they will not represent you in a private matter, so if all else fails you may need to consult with an attorney.

AND MOST OF ALL, DO NOT GIVE UP: Insurance companies count on you giving up. Fight for your rights.

Originally posted at InjuryBoard by Michael Levine

Insurance Companies Abandoning The Sick

Michael Levine — Tue, 09 Dec 2008 16:50:22 GMT

You receive the devastating news that you have cancer. It is operable, and with prompt care, you have a chance to survive. You make it through the surgery and begin chemotherapy treatments. Then the insurance company suddenly cancels your insurance retroactively. The reason? They allege you lied about something on your insurance application. Now you are left with hundreds of thousands of dollars in medical bills, unable to afford the rest of your chemotherapy schedule, and facing an uncertain prognosis.

This is the situation Patsy Bates, a 51-year-old hair stylist from Gardena, California, found herself in after her health insurance was "rescinded." Bates’ health insurance company, Health Net, Inc., rescinded her policy in the middle of her treatment for breast cancer, saying she provided inaccurate information on her insurance application.

Insurers such as Health Net and Anthem Blue Cross of California have been accused of illegally retroactively canceling, or rescinding, the policies of people whose conditions are expensive to treat. The cancellation usually happens when people are in the midst of treatment and at their most vulnerable. In April 2008, attorneys sued Anthem Blue Cross to try to stop the company from rescinding insurance policies. The attorneys claimed that "the company has engaged in an egregious scheme to not only delay or deny the payment of thousands of legitimate medical claims, but also to jeopardize the health of more than 6,000 customers by retroactively canceling their health insurance when they needed it most.

Documents disclosed at Bates’ arbitration hearing revealed that Health Net rewarded employees who rescinded coverage of sick policyholders. The company paid bonuses to employees who met cancellation goals and even commended one employee for having a "banner year" when she allowed the company to avoid "$6 million in unnecessary health care expenses." Retired Los Angeles Superior Court Judge Sam Cianchetti, who arbitrated Bates’ case, called Health Net’s behavior "egregious," saying the company "was primarily concerned with and considered its own financial interests and gave little, if any, considerations, and concern for the interests of the insured.

Anthem Blue Cross continued to rescind the policies of chronically ill patients. The company also sent letters to physicians demanding they inform the company of any pre-existing conditions they came across when evaluating patients. Physicians were outraged. The California Medical Association forwarded the letter to state regulators complaining that the insurance company was "asking doctors to violate the sacred trust of patients to rat them out for medical information that patients would expect their doctors to handle with the utmost secrecy and confidentiality."

Anthem Blue Cross eventually settled rescission accusations for $10 million in July 2008. The company denied any wrongdoing and offered to reinstate the policies of 1,770 customers. In the reinstatement mailings, Anthem offered customers $1,000 if they agreed to drop all legal claims against the company.

Originally posted at InjuryBoard by Michael Levine

Community Spirit Alive and Well in Miller Place

Michael Greene — Mon, 08 Dec 2008 15:26:52 GMT

Each spring, over the last dozen years, on the first weekend in June, the footsteps of hundereds of runners can be heard running through the streets of Miller Place, New York, a little village on Long Island's north shore.

The Joe Keany race is a testament to the hard work and community spirit of many volunteers, who have as their goal, helping to raise funds for their children's education.

Joe Keany was a standout cross-country athlete, and a 1986 Miller Place graduate who passed away in 1995 at a young age. He was also a member of the School Championship cross-country team of 1984, and still holds some school records.

Joe was also a close friend and running partner of the race rounder, a local attorney. As a result, his law firm, Rappaport, Glass, Greene & Levine, LLP, became the lead supporter.

Few races last this long. The NYC Marathon, Cow Harbor and the Shelter Island race come to mind. But with the strong continued support of the community, the race should endure for many years to come.

Originally posted at InjuryBoard by Michael Greene

Insurance Company Drops Insured As The Result Of A Phone Call

Michael Levine — Tue, 25 Nov 2008 18:11:33 GMT

A storm causes a water leak in your roof. You decide to call your insurance company as a result of the water leak, however you are hesitant to make a claim on your homeowners insurance.. So you decide to pay all of the expenses on your own, figuring it will be worth it over the long run.

When it comes time to renew your policy, the insurance company catches you off guard and decides to drop your coverage. You never made a claim, however the insurance company kept track of your phone call and treated it as a claim. Now you must find a new insurance company, though now one will give you coverage. Marie Wagstaff found herself in this situation after she paid for her California house repairs in 2000.

Many people are hesitant to make small claims on home insurance because they are afraid the insurance company will refuse to renew their policy. Some might think the small repairs everyone has to make are exactly what insurance is supposed to be for. Few know of the consequences of calling your insurance company. Insurance companies treat a phone call and a claim as a mark on your record. The call may even go into the Comprehensive Loss Underwriting Exchange report on your house. This is the report that realtors and banks are allowed to check to see the history of a claim.

Originally posted at InjuryBoard by Michael Levine

Bullying

Michael Levine — Tue, 07 Oct 2008 15:19:44 GMT

In an on-going case, the plaintiff was assaulted on January 16, 2008 by two defendants at their high school. Almost 30 % of youth in the United States are involved in bullying as either a bully, a target of bullying, of both. In a brand new national survey of students from grades six through ten, 13 % reported bullying others, 11% reported being the target of bullies, and another 6 % said that they bullied others and were bullied themselves.

Risk Factors for Being Targeted by Bullies:

1) High Anxiety Levels

2) Insecurity

3) Low Self-Esteem

4) Socially Isolated and Lack Social Skills

There are several ways to prevent bullying:

1) Raising Awareness about Bullying

2) Increasing Teacher and Parent Involvement

3) Establishing Strong Social Norms against Bullying

4) Providing Support and Protection for all Students

Since 1999, 16 states have passed laws to prevent harassment, intimidation and bullying in school. The primary intent of almost all these legislative efforts is to define bullying, to establish school or district-level policy that firmly prohibits such behavior, and to communicate that policy to students and their parents.

Because legislatures are beginning to pass laws prohibiting bullying behavior in school, it has become necessary to define the behavior that is prohibited. A significant challenge to crafting a clear definition of bullying is determining behavior that has crossed the line and should be punished--and to what degree--versus behavior that has not. The task of precisely defining bullying becomes even more difficult when other factors are considered, including the following:

1) Differing circumstances surrounding each incident;

2) Differing school expectations for student behavior;

3) The intent and motivation behind the bullying behavior;

4) Degrees of "victimization," which become more difficult to measure when physical injury is not present; and

5) The resources available to deal with the problem.

Originally posted at InjuryBoard by Michael Levine