New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | March 28, 2018
In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss how the availability of insurance coverage for defense costs incurred in connection with a regulatory investigation often depends upon the policy definition of “claim.” They highlight the case 'Freedom Specialty Insurance v. Platinum Management' as among recent decisions demonstrating that the courts also understand the importance of advancement of defense costs related to regulatory proceedings.
New York Law Journal | Analysis
By Francis J. Serbaroli | March 26, 2018
In his Health Law column, Francis J. Serbaroli discusses how providers of home care services are licensed and regulated in New York, the types of agencies that offer these services, and how home care services are delivered. He notes that demand for home care services is increasing as an alternative to prolong stays in hospitals or nursing homes.
New York Law Journal | Analysis
By Jonathan A. Dachs | March 20, 2018
Insurance Law columnist Jonathan A. Dachs writes: Consumers purchasing new insurance policies on June 19, 2018 should examine their policies carefully to make sure that the new beneficial SUM limits provisions are contained therein.
By Josefa Velasquez | March 6, 2018
As the Department of Financial Services finalized new title insurance regulations in 2017, title and property insurers spent roughly $658,0000 lobbying the legislature, Gov. Andrew Cuomo and DFS itself, disclosures on file with the Joint Commission on Public Ethics show.
By Eric B. Stern and Andrew A. Lipkowitz | March 2, 2018
This article explores courts' differing conclusions when faced with claims for cyber risks under different types of insurance policies, looks at some of the recent cyber-crimes and the direct financial and legal impact on businesses, and posits solutions to address insurance coverage for cyber-related risks.
New York Law Journal | Analysis
By Evan H. Krinick | March 1, 2018
Insurance Fraud columnist Evan H. Krinick writes: In 'Fernandez v. Philadelphia Indemnity Ins. Co.', the court made it clear that a policyholder's duty to cooperate was paramount, and that the policyholder's failure to cooperate was enough to permit the insurer to deny the policyholder's claim—whether or not the claim actually was fraudulent.
By Josefa Velasquez | February 27, 2018
New York's banking and insurance regulator is asking life, long-term care and disability insurers to show actuarial evidence for allegedly denying coverage to applicants who used pre-exposure prophylactic medication meant to reduce the risk of HIV infection in adults.
New York Law Journal | Analysis
By Julian D. Ehrlich | February 27, 2018
Many insurers are applying 'Burlington' in an overly restrictive manner, thereby raising questions by insureds as to how to re-establish agreed upon risk transfer.
New York Law Journal | Exclusive
By Josefa Velasquez | February 20, 2018
Several title insurance companies are asking the state Supreme Court to strike down newly enacted regulations from the New York Department of Financial Services, arguing that the new rules will result in companies shuttering and layoffs.
By Josefa Velasquez | February 15, 2018
A New York financial regulator is investigating reports that some life and disability insurers are denying coverage to applicants who used medication meant to reduce the risk of HIV infection.
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