New York Law Journal | Analysis
By Ellen M. Dunn, Joan M. Loughnane and Mallory W. Edel | May 22, 2023
While the topic is seemingly ubiquitous now, life insurance regulators have been grappling for several years with the potential risks and benefits of insurers using AI, and the large external data sources utilized by AI, in underwriting and other insurance practices.
New York Law Journal | Analysis
By Thomas J. Maroney and Hilary F. Simon | May 22, 2023
When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
By Ethan W. Middlebrooks and Allen R. Wolff | May 22, 2023
Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.
New York Law Journal | Analysis
By Wendy Stein Fulton and Lloyd Gura | May 22, 2023
The state's legislative response presents an interesting case study on government efforts to curb the impact of bad faith laws as a result of lessons learned from this tragedy.
By Jeffrey G. Steinberg | May 15, 2023
An issue which periodically arises (although it is rarely decided) in the insurance realm is whether there is coverage for fee disputes under legal malpractice policies, particularly where there is a claim in the complaint for malpractice. The analysis of this issue must begin with an examination of the policy insuring agreements, which typically require that, to trigger a duty to defend, the complaint must allege both covered conduct and covered damages.
New York Law Journal | Analysis
By Michael A. Sirignano | May 4, 2023
One of the most powerful tools that insurance carriers have to challenge insurance fraud is to seek to rescind a policy based on a material misrepresentation in the application for the insurance.
New York Law Journal | Expert Opinion
By Peter A. Halprin and Tae Andrews | April 20, 2023
Amazon is the first major corporation to be hit with a lawsuit for failing to comply with New York City's Biometric Privacy Act, which prohibits businesses from collecting biometric identifiable information without first posting a clear and conspicuous sign at customer entrances. "If certified, thousands of customers would be able to pursue countless claims against Amazon, and the potential for massive damages is high," say authors Peter Halprin and Tae Andrews.
By Charles Toutant | April 18, 2023
Critics of litigation funding say it causes trials and other proceedings to run longer, raising the costs of litigation.
By Brian Lee | April 13, 2023
A Texas-based restaurant group is asking New York to lean against the majority of states and open the door for coverage of COVID business losses.
New York Law Journal | Analysis
By Steven M. Christman and Fabrice K. Michel | April 13, 2023
This article provides a broad overview of the application of prejudgment interest in New York as it pertains to personal injury matters and discusses what the imposition of a "date of accident" interest-accrual means for New York state residents and the New York court system.
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