Info Library

Scott M. Riemer was one of the principal presenters at the "ERISA Basics" conference held by the Pension Rights Center, on June 10, 2010. Mr. Riemer's topic was "Disability Claims under ERISA."

Insurance Lawyer New York

The NY Insurance Department recently proposed important new regulations, 11 NYCRR 222, banning discretionary clauses in Insurance Lawyer New York. These regulations are immensely important because they will dramatically increase court scutiny of long term disability denials.The typical policy does not explain to the insured (or even the insured's employer) that the inclusion of the discretionary clause will greatly limit the insured's right to judicial review; that the insured's claim will be restricted to the administrative record and that the court will only search the file to determine whether there is substantial evidence in support of the insurer's determination.

The New York State Insurance Department has issued a proposed regulation prohibiting insurers from placing discretionary clauses in insurance policies. This regulation is hugely important to long term disability claimants. If this regulation becomes law, it would enable courts to fully scrutinize the claim determinations of insurance companies. Under the current law, a court will only overturn a claim denial if the insurance company's determination is an abuse of discretion. This regulation would constitute a turning point in this area of the law.

MSNBC reported today that New York disability lawyer filings are up 30% in the last two years as a result of the poor economy. Click here

On August 5, 2009, the Federal District Court in New York City ordered INA Life Insurance Company of New York, a subsidiary of CIGNA, to pay our client $180,466.60 in attorney fees. This award follows a battle for long term Attorney Lawyer New York disability benefits, where the Court found that CIGNA's denial of long term disability benefits was arbitrary and capricious.