New York Law Journal | Commentary
By William G. Passannante | September 15, 2021
In a case currently scheduled for argument on Oct. 6, 2021, before the New York Court of Appeals, 'J.P. Morgan Securities v. Vigilant Insurance Company', the Court of Appeals has an opportunity to join the majority of states and continue to modernize New York insurance common law.
New York Law Journal | Analysis
By Evan H. Krinick and Michael A. Sirignano | September 2, 2021
In this edition of their Insurance Fraud column, Evan H. Krinick and Michael A. Sirignano discuss 'U.S. v. Rose', in which prosecutors alleged that Anthony Rose, a/k/a "Todd Chambers" and his co-conspirators bribed 911 operators, medical personnel, and police officers for the confidential information of tens of thousands of motor vehicle accident victims.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | August 30, 2021
Recent cases are confirming a new trend in no-fault law involving serious injury claims under the significant disfigurement, fracture, significant limitation, gap in treatment, preexisting conditions/previous accidents, and 90/180-day categories. Courts are scrutinizing claims and are inclined to dispose of them when the plaintiffs fail to provide objective evidence in admissible form.
By Evan H. Krinick | August 20, 2021
This article discusses significant insurance-related decisions from this past term, which help steer policyholders, carriers, and the courts themselves in this important area of law.
New York Law Journal | Analysis
By Jonathan A. Dachs | July 23, 2021
In some cases, notice of the claim is given to the insurer by another insurance company, rather than by the insured or the injured party. The question of whether the same considerations and obligations apply in that situation has occupied numerous courts in several different contexts. Jonathan A. Dachs explores the issues and case law in this edition of his Insurance Law column.
New York Law Journal | Analysis
By Evan H. Krinick and Michael A. Sirignano | July 1, 2021
As Evan H. Krinick and Michael A. Sirignano discuss in this Insurance Fraud column, fraud with regard to compounded drugs—customized medications that are tailored to the needs of individual patients—and the associated costs to federal health care programs and private insurance plans, remains rampant in New York and across the country.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | June 25, 2021
For this edition of their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes teamed up with their insurance broker colleagues at Alliant Insurance Services to co-author a discussion of insurance issues associated with the SPAC-related lawsuits, which can be complex because they implicate three separate D&O insurance programs.
New York Law Journal | Analysis
By Stefan Belinfanti and Gary Tsirelman | June 18, 2021
Insurers that seek to assert these defenses should remain cognizant of the fact that arbitration/litigation actions involving such disputes may expose them to higher attorney fees.
New York Law Journal | Expert Opinion
By Kenneth M. Block | June 15, 2021
In his Construction Law column, Kenneth Block begins a two-part series on construction litigation for owners with a discussion of the fundamentals of claims against construction professionals and contractors, and how to achieve a favorable outcome if litigation becomes necessary. This first part deals with claims against architects and engineers.
New York Law Journal | Analysis
By David M. Barshay and Steven J. Neuwirth | June 9, 2021
In this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth discuss some recent notable opinions, including a case in which a Florida court denied a request for additional attorney fees; another where plaintiff's acceptance of a check resulted in unintentional waiver of claims; and another where an appellate court agreed that plaintiff's case should be dismissed, but left open the issue of whether the dismissal was with or without prejudice.
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