Recent Blog Posts
The Role of Insurance in Lead Paint Lawsuits: A Landlord’s Perspective
Lead paint litigation poses significant risks for landlords, particularly those who own or manage older residential buildings constructed before 1970, when the use of lead-based paint was banned for residential properties in New York and nationwide, respectively. Exposure to lead—especially in children—can allegedly cause severe health problems including developmental delays, learning disabilities, and behavioral… Read More »
Lead Paint Disclosure Requirements for New York Landlords
Lead paint can pose serious health risks to young children. In response to this danger, federal, state, and local laws have imposed strict lead paint disclosure and remediation requirements on landlords in New York. Failing to comply with these regulations can lead to significant legal and financial consequences. Here’s what New York landlords need… Read More »
How New York Courts Interpret Ambiguous Insurance Policy Language
Insurance policies are dense and complex, filled with industry-specific terminology that can lead to disputes between policyholders and insurers. When policy language is unclear, courts play a critical role in determining coverage. In New York, the interpretation of ambiguous insurance policy language follows well-established legal principles that generally favor policyholders. Understanding how courts resolve… Read More »
How to Handle a Lead Paint Lawsuit: A Step-by-Step Guide for Landlords
If you’re a landlord, you might have heard of the potential risks associated with lead paint, especially in older properties built before 1970. Lead paint is a serious health hazard, particularly for young children, and the law holds property owners accountable for ensuring their tenants’ safety. If you find yourself facing a lead paint… Read More »
The Role of Timely Notice in New York Insurance Coverage Cases
In insurance coverage disputes, the concept of timely notice is a critical element that can make or break a plaintiff’s case. Under New York law, the insured’s obligation to notify their insurer of a claim or occurrence in a timely manner is often a condition precedent to coverage. Failure to adhere to this requirement… Read More »
Defense Strategies for Landlords in Lead Paint Litigation
Lead paint litigation poses significant challenges for landlords in New York, where older housing stock often contains lead-based paint and strict laws impose a host of legal obligations. In many situations, tenants and occupants may bring lawsuits alleging harm due to exposure to lead hazards, including cognitive or developmental issues in children. Defending against… Read More »
Strategies for Resolving Insurance Coverage Disputes Outside of Court in New York
Insurance coverage disputes can be complex, time-consuming, and costly, especially when litigated in court. Fortunately, there are several strategies that policyholders and insurers can utilize to resolve these disputes outside of a courtroom setting. By employing effective negotiation strategies and alternative dispute resolution (ADR) methods, parties can often reach a more efficient and mutually… Read More »
New Lead-Based Paint Legislation: Local Law 123 of 2023 Takes Effect September 1, 2024
On September 1, 2024, a significant new law took effect in New York City: Local Law 123 of 2023. This legislation, which addresses lead-based paint hazards, is designed to protect tenants and especially children from the dangers of lead poisoning. As lead exposure continues to be a major public health concern, Local Law 123… Read More »
Proving Causation in New York Toxic Tort Cases
Toxic tort cases in New York present unique challenges for defendants, particularly when it comes to proving or disputing causation. These cases often involve complex scientific evidence, multiple sources of exposure, and intricate legal standards. For insurance companies and businesses facing toxic tort claims, understanding the nuances of causation is crucial to mounting a… Read More »
Defending Against Bad Faith Claims in New York Insurance Coverage Disputes
Insurance coverage disputes can arise for a number of different reasons; when disputes escalate from good faith disagreements to allegations of bad faith, the stakes literally increase exponentially with the introduction of punitive damages as a possible remedy. Defending against these claims requires a strategic approach, a deep understanding of the law, and meticulous… Read More »
