ARTICLE
1 August 2013

In New York, Actuaries Are Not Professionals

RB
Reinhart Boerner Van Deuren s.c.

Contributor

Reinhart Boerner Van Deuren is a full-service, business-oriented law firm with offices in Milwaukee, Madison, Waukesha and Wausau, Wisconsin; Chicago and Rockford, Illinois; Minneapolis, Minnesota; Denver, Colorado; and Phoenix, Arizona. With nearly 200 lawyers, the firm serves clients throughout the United States and internationally with a combination of legal advice, industry understanding and superior client service.
In a decision earlier this year, a New York appellate court affirmed prior decisions holding that actuaries are not "professionals" like lawyers, doctors and accountants.
United States Accounting and Audit

In a decision earlier this year, a New York appellate court affirmed prior decisions holding that actuaries are not "professionals" like lawyers, doctors and accountants:

Because an actuary is not required to be licensed, is not regulated, and is not subject to a State-created disciplinary system, an actuary is not a "professional" for purposes of a malpractice cause of action. 

Health Acquisition Corp. v. Program Risk Mgmt., Inc., 2013 NY Slip Op 2714 (N.Y. App. Div., 2013).  Despite this ruling, the court held that the case could still proceed against the defendant actuarial firm under ordinary principles of negligence.

The main area where this ruling has impact is an actual benefit to actuaries.  That area is the statute of limitations.   In New York, the statute of limitations is extended during the continuing relationship which a professional has with his or her client.   But actuaries, because they are not "professionals" within the definition of New York law, do not have to deal with an extended statute of limitations. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More