New York Law Journal | Analysis
By Eric B. Stern and Andrew A. Lipkowitz | November 4, 2020
An enforcement action brought by the New York Department of Financial Services against First American Title Insurance Company alleging that the company breached the DFS's cyber regulations raises significant questions regarding whether the targets of such actions are afforded insurance coverage, and in particular, whether affording such coverage would be consistent with New York public policy.
New York Law Journal | Analysis
By David M. Barshay | October 7, 2020
Certain ground rules contained in the revised fee schedule (requiring that chiropractors, podiatrists and psychologists bill only under their own respective fee schedules), however, took effect for no-fault claims on April 1, 2019, writes No-Fault Insurance Law Wrap-Up columnist David M. Barshay.
By Jane M. Byrne and Guyon H. Knight | October 2, 2020
A discussion of key issues that are likely to arise in numerous claims on R&W policies in our post-COVID world, and provides some practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms.
New York Law Journal | Expert Opinion
By Joshua Gold | October 2, 2020
Almost all modern commercial crime policies contain in the body of the form an express promise of insurance coverage for losses directly resulting from "computer fraud." Unfortunately, many crime insurance companies fight computer fraud insurance claims regularly.
New York Law Journal | Expert Opinion
By Caroline Morgan | October 2, 2020
There was much speculation at the beginning of the COVID-19 shutdown about how insurers would respond to the pandemic. Would business interruption insurance cover losses and what those payouts would actually look like? Six months later and the picture is becoming clearer as a wave of suits have been brought by companies denied coverage and decisions are starting to come down.
New York Law Journal | Expert Opinion
By Scott M. Seaman, Judith A. Selby and John E. DeLascio | October 2, 2020
A number of states, including Illinois, Texas, Washington State, and Arkansas, have enacted privacy laws specifically addressing biometric information, while other states, including New York, have expanded existing laws to include biometric information. The authors provide an overview of current and proposed biometric privacy laws and related litigation, as well as insurance coverage issues arising from biometric privacy claims.
New York Law Journal | Expert Opinion
By Evan W. Bolla | September 25, 2020
A discussion of New York's extremely insured friendly reading of "arising out of" language in insurance agreements.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 18, 2020
In their column on Corporate Insurance Law, Howard B. Epstein and Theodore A. Keyes are joined by Peter de Boisblanc to discuss insuring PPP funds, because businesses that received PPP funds face the risk of an SBA challenge to their eligibility to retain the funds without a repayment obligation.
New York Law Journal | Analysis
By Evan H. Krinick | September 3, 2020
In his column on insurance fraud, Evan H. Krinick discusses various decisions by federal district courts in New York and the U.S. Court of Appeals for the Second Circuit have helped to explain the standard for calculating forfeiture amounts and whether they violate the Eighth Amendment,
New York Law Journal | Analysis
By Evan H. Krinick | August 26, 2020
In his column on Insurance Fraud, Evan Krinick notes that, as unique as the past term of the New York Court of Appeals was—taking place in the midst of the COVID-19 pandemic—there were some important similarities to prior terms.
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