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Recent Blog Posts

Late Round Stamp Overdue Notice Warning Illustration

Second Circuit Affirms Dismissal of Insurance Claim Due to Late Notice

By Richard A. Fogel |

In recent years, insurance coverage litigation has involved a weakening of the defense of late notice against insured claims. Nevertheless, of the United States Court of Appeals for the Second Circuit recently affirmed a lower court case dismissing a claim for coverage when the insured was four months late in providing notice of a… Read More »

Document title reinsurance on top of desk

Dispute between Reinsurer and Insurer Affirms Need to Make Terms and Expectations Explicit

By Richard A. Fogel |

A recent decision issued by a federal court in the Northern District of New York, stemming from a ten-day trial between an insurer and reinsurer, offered a mixed outcome for the two parties. The decision issued in the case of Utica Mutual Insurance Company v. Munich Reinsurance America, Inc. offered a ruling on whether… Read More »

business man looking at contracts and explaining to client

New York Appellate Division Rules that Building Owner May Have Additional Insured Status under Contractor’s CGL Policy

By Richard A. Fogel |

The First Department of the New York Appellate Division recently issued a long-awaited opinion in a case looking at whether a property owner had additional insured status under a contractor’s CGL policy. The case provides an example of the time and money that can be saved by having a skilled attorney review contracts and… Read More »

Filing a bad faith lawsuit

New York Court Addresses Pleading Requirements for Consequential Damages

By Richard A. Fogel |

Consequential damages stemming from a bad faith coverage dispute between an insurer and policyholder require a stronger showing of evidence than do most other forms of damages. New York insurance coverage attorneys have long understood the type of showing necessary to prove these damages at trial, but the degree of particularity when requesting these… Read More »

Lead Hazard Tape

NYC Local Law One and Lead Paint Abatement

By Richard A. Fogel |

New York law places responsibilities on residential landlords regarding lead paint issues that may be present in their units. Many of these duties can be found in New York City’s Childhood Lead Poisoning Prevention Act of 2003, commonly referred to as Local Law One. Landlords generally lack the protection of insurance coverage for lead… Read More »

Many small icicles around freezing pipes

Damage Caused by Freezing Pipes Covered by Insurance Only where Owners Take Reasonable Action

By Richard A. Fogel |

The “Polar Vortex” has already wrought havoc in states along the East Coast and Midwest, and more record-breaking cold weather is anticipated. When temperatures fall and remain below freezing, homeowners and landlords often encounter unusual and challenging weather-related issues with their properties, such as freezing pipes. Property owners may find themselves managing the aftermath… Read More »

Brain cancer onset from toxic exposure

Appeal Courts Finds No Evidence for Toxic Exposure from World Trade Center Site

By Richard A. Fogel |

In a recent opinion, the First Department (Manhattan) of the New York Appellate Division clarified that mere speculation cannot support a finding of causation for an exposure-related “new onset disease” under New York’s Retirement and Social Security Law. The case involves toxic exposure and the World Trade Center site, where 9/11 happened. Learn more… Read More »

Warning sign for toxic exposure

New York Appellate Division Cites Mobil Oil Standard in Toxic Exposure Case

By Richard A. Fogel |

New York courts are continuing to grapple with the standards they will use when considering the credibility and weight to be afforded to expert witness reports and testimony in toxic exposure cases they consider. A recent opinion issued by the First Department of the New York Appellate Division has cited the landmark case on… Read More »

toxic substances stamp

Third-Party Insurer Obligated to Defend Despite Notice Delay and Lead Exclusion

By Richard A. Fogel |

In a case where both the insured and insurer were late in providing notice, the First Department of the New York Appellate Division concluded that the insured had a stronger argument. The court ruled that, despite several potential grounds for disclaiming coverage, the insurer was obligated to defend the additional insured on a worker’s… Read More »

Homeless shelter lead exposure case

Claim for Lead Exposure Permitted by Appellate Division to Proceed

By Richard A. Fogel |

The First Department of the New York Appellate Division has recently issued a decision in a claim for damages related to alleged lead poisoning. The judges upheld the trial court’s decision denying the defendants’ motion to dismiss the plaintiff’s claims, permitting the claim to move forward toward trial. Learn more about their decision and… Read More »

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