The law aspires to be fair, though it may not always appear that way. Often that means enforcing fair procedures to try to reach a just outcome. A recent New York Insurance Law case makes this point. State Farm Fire and Casualty Company v. Chauncey McCabe, 2018 NY Slip. Op.04416…
Articles Posted in Insurance
HOW DO YOU PROVE A CLAIM OR A DEFENSE IN NEW YORK LITIGATION?
How can you prove something exists when it can’t be found? If you ask an investigator, or a New York Litigator, it may not be as hard as you think. There are always facts to ponder. The other day I was listening to a podcast with an astrophysicist explaining Dark…
Cybersecurity Alphabet Soup: The CDC, FTC, R-CISC, and RILA. What’s The Best Way To Protect Your Customers’ Data?
There was an interesting article in Wired.com, the magazine, recently that put a new twist on an old topic: What’s the best way to make sure the internet, and all of the information that travels on it every day, is safe? How do you really make cybersecurity, secure? After all,…
Cybersecurity Update: Hackers’ Gains, Target’s Losses, and E-Commerce
There are a few recent news stories that business owners, fraud investigators, and consumers should be aware of. Though not necessarily related, they point out the ever-growing need to protect digital information and the consequences for those who do not. Cybersecurity, it seems, is something that will affect everyone, eventually.…
What Does Investigating Insurance Fraud Have In Common With the World Cup? You Make the Call.
What does investigating Insurance Fraud have in common with the FIFA World Cup currently taking place in Brazil? More than you might think, especially if you’re a world-class goalie trying to stop a penalty kick. The hardest job in all of soccer, or football as the rest of the world…
Investigating Insurance Fraud in New York: How to Catch a Liar
Figuring out whether someone is lying or telling the truth isn’t easy, as we’ve previously written. Investigating Insurance Fraud isn’t easy, either. Just ask anyone who works in SIU, and they’ll tell you about the legwork involved: the interviews to take; the documents to get and go over; the data…
A New Development in Arson Investigations: An Easier Way For An Insurer To Prove Its Arson Defense
As we just talked about in our last article, in order for an insurance company to deny a first-party property claim in New York because of arson, and make that denial stand up in court, it has to prove that the insured intentionally caused the fire, and it has to…
Denying a First-Party Property Claim In New York Because Of Arson: What Clear and Convincing Evidence Means
It takes a lot to deny a first-party property claim in New York because of arson. It is not much easier to make that denial hold up in court. As we’ve previously mentioned, when an insured seeks to recover for fire damage under his own policy of insurance, i.e., when…
Are Businesses Liable For Fraud Resulting From The Heartbleed Bug?
Most people by now have heard of the Heartbleed bug. It’s the programming flaw in one of the most common encryption methods on the internet: OpenSSL. It makes what should be secure websites, and the personal information they contain, vulnerable to hackers. It is more important, though, than just another…
Reasonable Precautions in Cybersecurity: How Vulnerable Businesses Really Are
Just in case anyone thinks that cybersecurity is nothing more than an esoteric exercise for computer geeks and technicians, of no importance to the average person or business, the Heartbleed bug has come along to show us all how wrong that is. It was only just discovered two weeks ago…