According to a complaint filed in the Northern District of California federal court, an insurance company must pay for his legal defense "without regard to whether payments may exhaust the policy limit."
A federal judge has ordered Fireman's Fund Insurance Company, who wrote a professional liability policy for former Rivkin Radler partner Jason Kurland, to pay defense costs in Kurland's criminal trial.
The New York State Court of Appeals considers the argument from attorneys representing the medical professionals named as policyholders on the insurance policies, that the money should go to their clients.
The three-judge panel of Guido Calabresi, Rosemary Pooler and Steven Menashi upheld U.S. District Judge Lorna G. Schofield of the Southern District of New York's finding that Global Reinsurance Corporation of America must pay its share of Century Indemnity Company's defense costs in excess of the reinsurance certificates' liability limits.
The Napolis provided timely notice of a suit filed by a lawyer at their firm to their insurers, according to the complaint, but the companies refused to defend the couple.
U.S. Attorney Audrey Strauss of the Southern District of New York emphasized that the defendants' scheme took advantage of vulnerable people who were willing to undergo surgeries in exchange for relatively small amounts of money.
More than $750,000 in fraudulent billing has been submitted to Geico through Grand Medical, Geico attorney Barry I. Levy of Rivkin Radler wrote in the complaint.
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