New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | January 25, 2024
D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
New York Law Journal | Analysis
By Laura B. Dowgin and Thomas J. Maroney | January 24, 2024
In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
By Emily Saul | December 19, 2023
The self-described "retired" jewel thief, who was once part of an international heist network known as the Pink Panthers, agreed to sit for a deposition out of revenge.
New York Law Journal | Analysis
By Michael A. Sirignano | November 1, 2023
Lawsuits under the FCA can help to reduce fraud, and can lower the costs of federal insurance and other federal programs. One of the first things that parties bringing such actions, as well as defendants who are sued, should consider is whether the public disclosure bar applies.
New York Law Journal | Expert Opinion
By Carol A. Crossett | October 27, 2023
In the wake of the OceanGate submersible tragedy, there has been much discussion about liability waivers and whether they can bar a lawsuit.
New York Law Journal | Expert Opinion
By Alan Feigenbaum and Marilyn T. Sugarman | October 4, 2023
A discussion of the recent decision 'B.D. v. E.D' which raises "existential questions" but offers one certain piece of advice: When drafting settlement agreements in a matrimonial case, be sure to be very specific as to what is covered in terms of the payor's obligation regarding health insurance.
By Jane Wester | October 3, 2023
According to a complaint filed in the Northern District of California federal court, an insurance company must pay for his legal defense "without regard to whether payments may exhaust the policy limit."
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 28, 2023
Recently, the Eastern District of New York granted summary judgment to an insurer, holding that the insurer had no duty to defend based on the terms of an exclusion in the policy. This decision highlights how, where the facts plainly fall within a clearly-drafted exclusion, courts will not hesitate to enforce the exclusion as written.
By Emily Cousins | July 28, 2023
David Schlachet faces a lawsuit over the death of his wife, Lara Nadia Anike Prychodko.
New York Law Journal | Analysis
By Michael A. Sirignano | July 6, 2023
Personal injury attorney George Constantine and orthopedic surgeon Andrew Dowd were convicted by a Manhattan federal jury late last year for knowingly profiting from a massive $31 million trip-and-fall accident scheme.
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