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New York Federal Court Emphasizes Direct Physical Loss Means Actual, Physical Damage

By Richard A. Fogel |

Insurers and insureds often dance around the specific language in a policy in order to attack the other’s position from as many different angles as possible, and they may accidentally destroy their own claims in the process. A New York federal court recently found that an insured’s internally inconsistent statements about what type of… Read More »

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New York Appellate Court Limits Specific Causation Requirement in Asbestos Litigation

By Richard A. Fogel |

Causation is one of the most hotly-contested issues in toxic tort cases. Plaintiffs must show not only that a product causes disease, but also that exposure to the product caused the plaintiff’s disease in that specific case. A recent decision by the Appellate Division, First Department, could have a significant impact on proving specific… Read More »

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Coronavirus Insurance Lawsuits

By Richard A. Fogel |

As the coronavirus rages around the world and the economy comes to a standstill, many U.S. businesses are rapidly falling underwater. Some businesses have already begun filing lawsuits to adjudicate whether their policies cover losses caused by the coronavirus pandemic. Read on for a discussion of one lawsuit that may portend things to come… Read More »

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When is an Expert Opinion on Causation Admissible in a Toxic Tort Case?

By Richard A. Fogel |

Two of the most important aspects of any toxic tort case are the expert opinions presented by each side. Whether a chemical actually causes the health conditions experienced by the plaintiffs, whether the product produced the health condition in the instant case, and whether the product actually carries a sufficient quantity of the substance… Read More »


New York Federal Court Requires Professional Liability Insurer to Pay for Internet Fraud Scheme

By Richard A. Fogel |

A federal court in New York recently issued a ruling on a hotly contested matter between a financial technology company and its professional liability insurance provider. The coverage dispute arose when the insured party fell for an Internet fraud scheme and gave away millions of dollars of its client’s money. Learn more about the… Read More »

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New York Appellate Division Holds Absence of Negligence Does not Bar AI Coverage

By Richard A. Fogel |

The New York Appellate Division dealt insurers a blow in a recent case involving additional insured (AI) coverage. The court’s ruling could have a significant effect on future cases interpreting AI provisions. The court broadly interpreted the AI provision to cover other parties responsible for accidents and injuries in loose connection to the actual… Read More »

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Appellate Division Finds Bad Faith where Business Interruption Coverage Not Provided

By Richard A. Fogel |

A recent opinion issued by the First Department of the New York Appellate Division concluded that the trial court erred in dismissing a claim that was based on an insurer’s failure to provide business interruption coverage during a protracted investigation into a policyholder’s claim. Learn more about the case below and contact an experienced… Read More »

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Court Rules that Additional Insured Coverage is Primary, Despite Contrasting Rulings

By Richard A. Fogel |

A Manhattan trial judge has ruled that a CGL policy which includes a primary and noncontributory clause provides primary coverage for all additional insureds, despite different outcomes involving similar policies in other New York courts. Learn more about the case below, and contact a New York insurance coverage dispute attorney for help with your… Read More »

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Recent Court Opinion Appears to Diminish Protections of Attorney-Client Privilege in Insurance Coverage Matters

By Richard A. Fogel |

In a recent opinion issued by Judge Masley of the Supreme Court of New York, the court ruled that certain memoranda created by counsel to an insurer should be considered a discoverable document in a breach of contract and declaratory judgment action filed by an insured. (Note: In New York, the Supreme Court is… Read More »

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District Court Dismisses Bad Faith Claims Handling Lawsuit where No “Specific Conduct” Pled

By Richard A. Fogel |

In a recent decision from the United States Court for the Northern District of New York, an insured’s claim of bad faith claims handling was dismissed on a motion for summary judgment because the complaint did not “specify any alleged acts evidencing bad faith.” Learn more about the case below, and contact an experienced… Read More »

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