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389 Cedar Ave. Islip, NY 516.721.7161

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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 »

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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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Talent Agency Brings $150 Million Lawsuit Against Insurer for Coronavirus Losses

By Richard A. Fogel |

The latest update in our ongoing coverage of business interruption lawsuits relating to the COVID-19 coronavirus pandemic takes us to Hollywood. Entertainment powerhouse United Talent Agency (UTA) recently filed a lawsuit against insurance providers Vigilant and Federal insurance for denying coverage connected to the stalled entertainment industry. Continue reading to learn about the case,… Read More »

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Talcum Powder Verdict Against Johnson & Johnson Cut in Half

By Richard A. Fogel |

Pharmaceutical and consumer goods powerhouse Johnson & Johnson was subjected to a multi-billion dollar verdict in July 2018 related to allegations that its baby powder products contain carcinogens. Johnson & Johnson appealed the verdict, arguing that there were flaws with the trial. An appeals court recently upheld the verdict but cut the jury award… Read More »

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DC Court Throws Out COVID-19 Business Interruption Claim

By Richard A. Fogel |

We have been closely monitoring business interruption insurance coverage lawsuits that have been arising around the country in response to the COVID-19 coronavirus pandemic. Insureds and insurance providers have been battling over difficult questions such as whether a mandated closure due to the threat of coronavirus constitutes a “direct physical loss,” and whether such… Read More »

Black mold

Appellate Division Denies Request for Summary Judgment or Frye Hearing to Condo Board in Mold Personal Injury Suit

By Richard A. Fogel |

Mold personal injury lawsuits in New York have almost universally been dismissed because the expert opinion submitted by plaintiffs does not meet legal causation standards to show that mold caused the  claimed vague personal injuries. See Fraser v 301-52 Townhouse Corp., 57 A.D.3d 416, 870 N.Y.S.2d 266 (1st Dep’t 2008). However, a recent decision… Read More »

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Broadway Theater Operator Sues Insurer for Coronavirus Coverage

By Richard A. Fogel |

We recently discussed the anticipated rise of coronavirus insurance coverage lawsuits. As businesses around the country falter due to state-mandated closures, quarantine orders, and a general public reluctance to risk exposure to the novel coronavirus, many are turning to their business interruption insurance and other hazard claims for relief. One major theater operator in… Read More »

Apartment uses lead based paint

Appellate Division Holds that Lead Paint in Apartment and High Blood Lead Levels Does Not Ipso Facto Mean Plaintiff’s Claims of Injuries Were Caused by Lead

By Richard A. Fogel |

In S.T. v. 1727-29 LLC, 2020 WL 3454555 (1st Dep’t June 25, 2020), the Manhattan branch of the Appellate Division held that the plaintiff is not entitled to summary judgment on liability where the defendant landlord/property manager produces expert testimony that challenges causation of the alleged injuries, despite egregious facts regarding the condition of… Read More »

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