New York Law Journal | Analysis
By Evan W. Bolla | May 24, 2024
The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.
New York Law Journal | Analysis
By Matthew C. Penny and Bryce L. Friedman | May 24, 2024
Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.
New York Law Journal | Analysis
By Raymond A. Mascia Jr. and William G. Passannante | May 24, 2024
Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
New York Law Journal | Analysis
By Christopher C. Loeber and Helen P. Hunter | May 24, 2024
Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.
New York Law Journal | Analysis
By Laura B. Dowgin and Hilary Simon | May 10, 2024
The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
New York Law Journal | Analysis
By Jared Cook and Allen A. Shoikhetbrod | May 10, 2024
The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
New York Law Journal | Analysis
By Benjamin Daniels, Jennifer Driscoll and Sabrina Galli | May 10, 2024
The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.
New York Law Journal | Analysis
By Ethan Greenberg and Thomas Dupont | May 10, 2024
The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
New York Law Journal | Analysis
By Casey Laffey, Zachary Kaye and Alexander Borman | May 10, 2024
This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.
New York Law Journal | Analysis
By Sarah E. Phillips and Bryce L. Friedman | May 10, 2024
The U.S. Supreme Court's decision in 'Badgerow v. Walters' has made it less predictable whether federal courts will find the amount-in-controversy requirement for diversity jurisdiction has been satisfied.
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