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<i>Hoffman v. Travelers</i>
For decades, courts throughout the country interpreting the “reasonable expenses incurred” language in automobile MedPay clauses have distinguished between payments made on an insured's behalf by a private healthcare insurer, and medical services that an insured receives free of charge. The former are deemed to have been “incurred” and recoverable under a MedPay policy because the insured is legally liable for them even though a collateral source made the payment. The latter do not equate to “incurred expenses” because the insured neither paid the expenses nor became legally liable to pay them. The Superior Court of New Jersey detailed the difference in its 1977 decision in Sanner v. Government Employees Insurance Company, in which a National Guardsman sought coverage from his insurer for medical bills he claimed he incurred after receiving free medical treatment in a veterans facility:
[T]here exists a valid distinction between “benefits received by an injured person pursuant to some private medical payment insurance purchased by him and benefits received [from the Federal Government]. Under a private policy the insured becomes liable for, and therefore incurs, the expenses which he must pay if his private carrier for some reason declines to do so; as a serviceman receiving medical treatment to which he is absolutely entitled with no obligation of reimbursement, he does not become liable for the reasonable value of the treatment. Hence, under the private policy, medical expenses are incurred by the insured; when treatment is afforded by the Federal Government with no obligation to reimburse, such expenses are not incurred.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.