Recent trends show that federal and state governments and the private insurance industry are all very concerned about the reduction of healthcare fraud, abuse, and waste, and are engaged in aggressive enforcement actions against healthcare providers alleged to have engaged in fraudulent activities.

In Chung v. Shaw, 2019 NY Slip Op 06468 (2d Dept. 2019), decided on September 11, 2019, New York’s Appellate Division, Second Department, increased a jury award for past and future pain and suffering from $25,000 to $250,000. The total pain and suffering award is notably low for a fusion surgery in New York appellate jurisprudence on the question of sustainable “reasonable compensation.”

(“Care, Custody and Control” Exclusion in Commercial General Liability Policy Only Applies Where the Insured Has Exclusive or Complete Control Over the Damaged Property)

(Depositing a Check With the Bank Constitutes a Loss Of Possession by a Transfer Such That UCC 3-309 Does Not Apply)

(An Insurance Claim is Fraudulent Within the Meaning of Penal Code Section 550 when It is False or Fraudulent in Any Respect, Even If There is No Misstatement in the Facts of the Claim)

(Notice-Prejudice Rule is a Fundamental Public Policy Which Applies to Choice of Law and Consent Provisions in Policy)

(Question Certified to the Hawai’i Supreme Court – Is a Permissive User of a Vehicle Entitled to Uninsured Motorist Coverage When Struck as a Pedestrian While Returning to the Vehicle After Running an Errand?)

(War Exclusions Did Not Apply to Bar Claim for Costs Incurred by a Television Production Company Due to Relocation From Israel)