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March 19, 2024 | New York Law Journal

Policies Covering Direct Physical Loss Do Not Apply to COVID Business Interruption Losses

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.
5 minute read
March 07, 2024 | New York Law Journal

Recent Guilty Pleas Highlight Illegal Control of Medical Practices, Kickbacks for Patient Referrals

The final two defendants in 'United States v. Pierre' pled guilty to charges stemming from their involvement in an insurance fraud scheme. Pending sentencing, the guilty pleas conclude a two-year prosecution that exposed a scheme to hijack New York's no-fault insurance system for personal profit.
9 minute read
March 04, 2024 | New York Law Journal

Does Your Insurance Fully Cover a Cyber Attack? Maybe Yes, Maybe No!

Given the prevalence of spoofing, phishing, hacking and ransomware attacks, all businesses need to have appropriate cybersecurity insurance. But, will it cover you when the attack hits and for what? Sometimes yes, sometimes no and sometimes maybe!
11 minute read
February 15, 2024 | New York Law Journal

NY Top Court: Presence of Coronavirus Doesn't Trigger Business-Loss Coverage

The Court of Appeals had been charged with answering whether "the actual, suspected, or threatened presence of COVID-19″ in the restaurants had caused direct physical loss or damage.
3 minute read
February 07, 2024 | New York Law Journal

NY Proposes New Rules To Rein In Pharmacy Benefit Managers

A law firm monitoring the regulation said the proposed rules are "comprehensive," even though "scaled back" from a previous version.
3 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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December 19, 2023 | New York Law Journal

Microfilm and a Retired Jewel Thief: How To Prove That $15-$20M Sapphire Belongs to Your Client

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.
10 minute read
December 18, 2023 | New York Law Journal

Insurer Must Cover Child Victims Act Litigation Against Archdiocese of New York

Chubb-affiliated insurance companies sued in June, seeking to limit their coverage obligations. But Manhattan Supreme Court Justice Suzanne Adams on Dec. 15 dismissed the lawsuit, stating it was "obvious" the claims were covered under the insurance policies.
3 minute read
December 08, 2023 | New York Law Journal

Torts: The Death of Duty of Care

A discussion of a health insurer's ability to overrule a doctor's prescription/plan via the "prior authorization" process, and whether or not this triggers the most fundamental concept in torts: the duty of care.
11 minute read
December 01, 2023 | New York Law Journal

Insurance Company Clear Blue Sues Aon, Alleging Fraud

The lawsuit alleges Aon "wrongfully" used its unified platform to lure clients and reap huge profits, while allowing the company's subsidiaries to violate Bermuda licenses, breach contracts, act recklessly, and generally expose their clients to substantial risk and losses.
3 minute read
November 30, 2023 | New York Law Journal

Policyholders May Recoup Attorney Fees If Insurer Fails in Contesting Duty to Indemnify

"The parties do not cite, and this court has not found, any decision of the Court of Appeals or the Appellate Division discussing whether a prevailing policyholder is entitled to attorney fees when the insurer has acknowledged a duty to defend but contested the duty to indemnify," ruled Manhattan Supreme Court Justice Gerald Lebovits.
4 minute read

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