Quadrino Schwartz Press

Quadrino Schwartz Press

New York Law Journal Publishes ERISA Article Written by Evan Schwartz and Michail Hack

Two attorneys of the firm wrote an article concerning a critically important decision by the U.S. Supreme Court regarding how ERISA cases should be handled in the federal courts.  The New York Law…
Read More »

More States May Ban Discretionary Clauses in Disability Policies

Partner Richard Quadrino was tapped as a source for an article in Business Insurance magazine concerning industry trends concerning the use of discretionary clauses in group disability, health and life…
Read More »

New York Drops Insurance Edict

Partner Richard Quadrino was featured in a follow up story regarding the action by the New York Insurance Department on discretionary clauses in group insurance policies.  A copy of the article in…
Read More »

ERISA Litigation: Supreme Court Ruling Undermines Jury Trial Ban

When the U.S. Court of Appeals for the Second Circuit initially determined, in Sullivan v. LTV Aerospace and Defense Co., that jury trials were not available to plan participants and beneficiaries in Employee…
Read More »

Separation of powers

New state mandate halts insurance companies from acting as judge and jury. The bad part: expect to pay more for benefits. A boulder thrown into the small pond of employee benefits law will soon ripple…
Read More »

Medical Reports, Complaints Support Total Disabling Finding

NEW YORK – Under a de novo review, a federal judge on Feb. 13 ruled that an ERISA-governed disability insurer that terminated benefits to a claimant with multiple medical problems acted arbitrarily.…
Read More »

Partner Comments on New York State Insurance Department’s Discretionary Clause Action

Evan Schwartz, partner at Quadrino Schwartz in Garden City, N.Y., was recently quoted on the front page of the New York State Trial Lawyers Association's website, commenting on the impact of the New York…
Read More »

New York Insurance Department Says Discretionary Clauses Violate State Law

NEW YORK – The New York Insurance Department on March 27 issued Circular Letter No. 8, declaring that the use of discretionary clauses in health and disability insurance policies and contracts violates…
Read More »

Insurer’s Request For EMG Was Not Reasonable, New York Court Holds

NEW YORK – A policyholder that refused to submit to an electromyelograph study did not breach its duty to cooperate, the Second Department New York Supreme Court Appellate Division has ruled, finding…
Read More »

New York Jury Finds Orthopedic Surgeon Disabled Since 1994

WHITE PLAINS, N.Y. – A New York jury on Jan. 23 ruled that an orthopedic surgeon who could no longer perform surgery after falling down a flight of stairs, injuring his shoulder and incurring nerve…
Read More »