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New York Law Journal | Analysis
By David M. Barshay | October 11, 2017
In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent cases involving interest to be paid on overdue claims.
By Josefa Velasquez | New York Law Journal | October 10, 2017
The New York Department of Financial Services on Tuesday finalized regulations limiting the amount that insurers can reimburse policyholders for health care services performed outside of the state. The new rule is in an effort to bolster the state's no-fault insurance law that provides reimbursement of medical expenses and lost wages.
By Josefa Velasquez | September 29, 2017
The state Department of Financial Services issued a letter to insurers Friday warning them against imposing coverage limits on medication used to treat opiate overdoses.
By David M. Banker, Wojciech F. Jung and Eric Jesse | September 27, 2017
David M. Banker, Wojciech F. Jung and Eric Jesse write that the benefits of directors and officers insurance policies have been curtailed by the breadth of some courts' broad application of the "insured vs. insured" exclusion, which is common to D&O policies. Some courts have expanded the exclusion's scope to reach claims brought by or on behalf of the bankruptcy estate against insured directors and officers. Nevertheless, there are certain steps that bankruptcy and insurance practitioners can take to avoid or minimize the pitfalls of the insured vs. insured exclusion.
By Jonathan A. Dachs | September 20, 2017
Insurance Law columnist Jonathan A. Dachs discusses recent noteworthy changes including a new example illustrating the proper application of Supplementary Uninsured/Underinsured Motorists coverage, which is required to be included in the written notice sent by the insurer with all new and renewal policies, amendments to clarify the prescribed SUM endorsement, and more.
By newyorklawjournal | New York Law Journal | September 19, 2017
Negligent Inspection Not Covered by Policy Which Excluded Engineering Inspection
By Howard B. Epstein and Theodore A. Keyes | September 19, 2017
Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes discuss a recent case where the Southern District ruled in favor of an insured that lost funds paid by an employee to a fraudster impersonating a company executive, finding coverage under both the Computer Fraud and the Funds Transfer Fraud sections within the Crime Coverage of the Executive Protection insurance policy.
By newyorklawjournal | New York Law Journal | September 5, 2017
Employment-Related Practices Policy Exclusion Inapplicable Without Relationship
By Jeffrey L. Schulman | September 1, 2017
Jeffrey L. Schulman writes: As difficult as it is to imagine now, the waters in Houston and surrounding areas will eventually recede and the financial toll of the devastation will then begin to be tallied. That will undoubtedly include lawsuits faced by building owners, real estate development and management companies, and the directors and officers of buildings in Harvey's aftermath. For those businesses facing potential liability from negligence and breached duties claims, liability insurance may be an important asset to help offset defense costs and settlement or judgment payments.
By Josefa Velasquez | August 30, 2017
In the wake of Hurricane Sandy in October 2012, which destroyed thousands of homes and vehicles in the New York City area, the administration of Gov. Andrew Cuomo and several state agencies issued regulations to deal with the hurricane and its aftermath. That effort could provide a glimpse of the sorts of issues that might arise after Hurricane Harvey.
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