By Dan M. Clark | November 21, 2018
The Second Circuit granted a motion for a preliminary injunction from UnitedHealthcare this week while the insurer appeals a decision from U.S. District Judge John Koeltl of the Southern District of New York that dismissed its lawsuit against the state in August.
New York Law Journal | Analysis
By Evan H. Krinick | November 1, 2018
Insurance Fraud columnist Evan H. Krinick discusses two recent cases that have explored the concealment or fraud and cooperation concepts, and have found that insurers did not have to cover the insureds' claims because they violated these particular policy provisions.
New York Law Journal | Analysis
By James E. Mercante | October 30, 2018
Admiralty Law columnist James E. Mercante writes: A Frankenstorm can cause catastrophic damage on land and sea. For a vessel owner, the Act of God defense may provide protection from liability for damage to third parties. The homeowner gets no treat to either ownership or possession of a yacht washed ashore by a hurricane. But, whether the vessel owner will be held responsible for damages, well, only God (and federal judges) know!
New York Law Journal | Analysis
By Marc A. Schulz | October 30, 2018
The Appellate Division, Fourth Department, issued a decision in 'Rickard v. New York Cent. Mut. Fire Ins. Co.,' that by its terms opens up insurance carriers' litigation files to judicial in-camera inspection, and insurers as well as others ought to be worried. The decision also appears to be a departure from established New York law.
By Roy Strom | October 25, 2018
'If somebody falls down, we want you to pick them up,' said the leader of Goldberg Segalla in explaining his fast-growing firm's appeal to so many lateral partners.
New York Law Journal | Analysis
By David M. Barshay | October 22, 2018
In this No-Fault Insurance Law Wrap-Up, David M. Barshay provides a synopsis of several of the major changes contained in the proposed amended Fee Schedule most likely to affect automobile accident victims and their health care providers seeking reimbursement for provided treatment.
New York Law Journal | Analysis
By Samuel Blaustein | October 16, 2018
This article discusses how New York insureds have recently used §1213's pre-answer bond procedure to ensure access to New York courts and recoverable assets.
By Angela Turturro | October 15, 2018
View this Special Report as a PDF.Allocation of Long-Tail Losses in New York and New JerseyDespite the contrasting approaches by New York and…
By Mikaela Whitman | October 12, 2018
Whether there is insurance coverage for restitution or disgorgement of purported “ill-gotten gains” under Directors and Officers and other professional liability policies (collectively here, D&O policies) has become a pervasive issue in jurisdictions across the country.
By Dan Rabinowitz | October 12, 2018
Review a cross-section of reciprocity issues that illustrate the push and pull of individual jurisdictions' policy preferences—and protection of local actors—against a backdrop of increasing globalization of the insurance and reinsurance sector. The extent to which a jurisdiction chooses to “do unto others” as it would have done unto it, on these and related matters, will be a key indicator of how policymakers navigate this globalization in coming years and decades.
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