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Are Non-Assignment Clauses in Insurance Policies Enforceable?

By Richard A. Fogel |

As a general rule, parties to a contract can agree that the rights and obligations under the contract are non-transferable. If one party ceases to exist or gets sold to another party, the contract ends. The parties would need to put that in writing, in an “anti-assignment” clause (meaning each party’s rights under the… Read More »

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New York Courts Continue to Rule for Insurers in Business Interruption Cases

By Richard A. Fogel |

We previously covered a number of business interruption insurance coverage lawsuits related to the coronavirus pandemic. As the pandemic continues and more case law develops, the trend has become abundantly clear: New York courts understand that COVID-19-related closures do not constitute actual physical losses for the purposes of business interruption insurance. A recent federal… Read More »

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Defining “Reasonable Care” in a Property Insurance Claim

By Richard A. Fogel |

Insurance companies are entitled to rely on policyholders to do their best to reduce the likelihood of damage and to mitigate damage when it does occur. Policyholders cannot intentionally or recklessly let damage to their property occur, do nothing to prevent the spread of damage, and then turn around and try to collect on… Read More »

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New York Federal Court Throws Out Climate Change Tort Lawsuit

By Richard A. Fogel |

Climate change is real, and governments around the world should take steps to mitigate the problem. Suing individual companies for conducting legal business within the bounds of state and federal law is not one of those steps. New York City found that out the hard way recently when an attempted environmental tort lawsuit was… Read More »

white paint pealing on the side revealing lead

New York City HPD Annual Property Registrations Include New Lead Paint Questions and Hotels Are Also Required to Respond

By Richard A. Fogel |

As previously reported on my website, Local Law 1 of 2004, 27 NYC Admin Code 2056.1 et seq., was amended effective February 2021 to broaden the lead paint statute in New York City from multiple dwellings (3 or more units) to all rental units regardless of size. The amendments also tightened record keeping requirements… Read More »

A programmer is typing a code on computer to protect a cyber security from hacker attacks and save clients confidential data. Padlock Hologram icons over the typing hands. Formal wear.

Fraud Liability May Be Covered by Insurance

By Richard A. Fogel |

Fraud litigation is expensive. Defending against claims of shareholder fraud or other allegations can severely deplete a corporation’s coffers, even if the allegations turn out entirely false. The availability of insurance coverage for fraud claims can make or break a company. Insurance companies, on the other hand, often claim that fraud is not covered… Read More »

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New York Judge Resolves “Toll” vs. “Suspension” Debate Over EO 202.8

By Richard A. Fogel |

As we previously discussed, Governor Cuomo put in place a grace period for the time limit on civil claims in light of the COVID-19 coronavirus pandemic and all attendant complications and delays. The order instituted a pause on the statutes of limitations for claimants to pursue civil claims, such as toxic tort lawsuits. In… Read More »

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Coronavirus Leads to Uptick in Claimed Insurance Fraud

By Richard A. Fogel |

We’ve talked about the ongoing debate over whether business interruption coverage legally applies to pandemic-related business shutdowns (the prevailing answer from the courts is it does not). The coronavirus outbreak has led to other insurance-related concerns as well – specifically, an alleged increase in the prevalence of insurance fraud. As consumers and small businesses… Read More »

Close up of businessman hold clock showing time limit

New York Lifts Grace Period on Statute of Limitations for Personal Injury Claims

By Richard A. Fogel |

Nearly every legal claim has a statute of limitations. The statute of limitations is the time limit for bringing a legal claim, typically tied to the date on which the circumstances giving rise to the claim arose. In a personal injury case, the limitations period typically starts when the injury occurred–when the plaintiff was… Read More »

Close-up on a closed sign in the window of a shop displaying the message "Closed due to Covid-19". The glass reflects the day city

Insurers Prevailing in Most COVID-19 Business Interruption Litigation

By Richard A. Fogel |

We’ve been keeping a close watch on COVID-19-related business interruption lawsuits in a variety of industries around the country. Based on what we’ve seen, insurers have had the advantage in court more often than not. Even with more wins than losses so far, however, experts estimate that the coronavirus pandemic will have exacted a… Read More »

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