Month: September 2016

A lawyer who represents two or more clients shall not make or participate in the making of an aggregate settlement of or against the clients.” New York Rules of Professional Conduct, Rule 1.8:(g). Are we attorneys afraid of taking a stand against medical providers or are we complicit because our fees are increased?

CPLR 4545 now precludes private health insurers from recovering pursuant to subrogation. GOL 5-355 extinguishes private health insurer recovery rights upon settlement of the injury claim. Medicare, Medicaid, APIP & Workers' Compensation recovery rights are preserved in these statutes. Loopholes exist that could still permit private health insurers to recovery under subrogation. Ethical violations and Conflicts of Interest are going to be strong temptations due to this legislation.

Dog bites and animal attacks in New York State are governed by long-established and rigidly enforced rules regarding liability for damages and responsibility. Upon proof of prior notice and vicious pr...