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Recent Blog Posts

Benzene Poisoning

CSX Faces Lawsuits from Workers Based on Benzene Poisoning

By Richard A. Fogel |

CSX, the country’s third-largest rail company, is now facing a number of lawsuits filed by or on behalf of former employees who claim that their exposure to various chemicals while working for the company caused their cancer. These claims, some of which are based on exposure beginning in the late 1960s, may face substantial… Read More »

chlorine gas

Claim for Injuries Caused by Release of Chlorine Gas Barred by Absolute Pollution Exclusion

By Richard A. Fogel |

In a recent case before a federal judge in the Northern District of New York, an insured claimed that its insurer breached its contract for coverage under its general liability policy by failing to cover injuries received from a release of chlorine gas. The court ruled in favor of the insurer, finding that the… Read More »

house being built on a written printout

New York’s Highest Court Rules on When a Party Is Considered an Additional Insured Party

By Richard A. Fogel |

The Court of Appeals, New York’s highest state court, has recently settled the question of when an agreement to classify a party as an “additional insured” under a New York liability policy will be considered enforceable. The decision could have particular significance for subcontractors, general contractors, and/or property owners who may believe they have… Read More »

red letters that read inadmissible

New York Supreme Court Finds Evidence of Examination Using Diffusion Tensor Imaging Inadmissible

By Richard A. Fogel |

A New York trial court has recently issued an opinion regarding a plaintiff’s right to use evidence of test results in court, where the means of testing is a developing technology that has not yet been widely adopted. The Suffolk County Supreme Court, relying on the standards established in Frye v. United States and… Read More »

cartoon woman pinchin her nose

Retail Tenant’s Claims for Toxic Exposure Dismissed for Failure to Show Causation

By Richard A. Fogel |

The Third Department of the New York Appellate Division (Albany) recently considered the claims of a former tenant in a shopping plaza against the property owner. The Appellate Division rejected her allegations that she suffered physical injury and loss of income due to the property’s problematic sewage system. Read on to learn more about… Read More »

Lead paint law.jpg.crdownload

New York Lead Abatement Law – Updates and Potential Changes

By Richard A. Fogel |

Despite outlawing the use of lead paint as far back as 1960, New York City has some of the highest rates of lead paint poisoning. US census data, as analyzed in a Reuters article, revealed 69 census tracts where at least 10% of children tested showed elevated lead levels. Landlords and property owners often… Read More »

Sign that reads are you covered

No Duty to Indemnify for Insurer Pursuant to Additional Insured Clause where Named Insured is not Legally Responsible for Underlying Harm

By Richard A. Fogel |

Burlington Insurance provided an insurance policy to Breaking Solutions, Inc. (BSI) for a subway tunnel excavation project. That policy included the New York City Transit Authority (NYCTA) and MTA New York City Transit (MTA) as additional insureds. BSI’s policy stated that NYCTA and MTA were entitled to coverage for property damage, bodily injury, or… Read More »

an Insurance form

New York’s Legal Landscape Makes Finding General Liability Insurance a Challenge

By Richard A. Fogel |

If you’ve attempted to obtain insurance as a contractor or property owner undertaking a construction project in New York, you’re probably already familiar with how challenging it can be to obtain a general liability insurance policy in the Empire State. New York stands out as one of the nation’s most difficult insurance landscapes for… Read More »

Caution leadpaint tape

Appellate Division Court Limits Discovery Rule in Lead Paint Case

By Richard A. Fogel |

New York’s rules governing when someone may file suit based on injuries received from toxic exposure are very generous, allowing decades to pass between the original exposure and the date by which the plaintiff must file suit. In a recent ruling by the Appellate Division, the judges determined that a woman had waited too… Read More »

The construction contracts

Failure to Provide Notice Results in Loss of Opportunity to Recover

By Richard A. Fogel |

Owners and developers often choose to protect themselves from very delayed claims from contractors by ensuring construction development contracts include a requirement that notice of a claim be provided within a certain time period. These clauses can protect a developer from having to reopen a long-closed project, after memories have faded and evidence is… Read More »

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