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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 »

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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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New Law Could Change Landscape for Tort Defendants

By Richard A. Fogel |

A law that could mean greater financial liability for defendants in tort lawsuits in New York has received approval from the state’s assembly and senate and will move on to Gov. Andrew Cuomo for approval or veto. Learn more below about the possible changes to New York’s General Obligations Law, and contact an experienced… Read More »

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Court Overturns Asbestos Verdict in Favor of Plaintiff for Failure to Prove Sufficient Exposure

By Richard A. Fogel |

In a brief opinion, the Appellate Division of the First Department overturned a jury verdict in favor of a plaintiff who claimed that talc in the defendant’s product had caused mesothelioma. The decision cited both the 2017 Juni v. A.O. Smith decision, as well as Parker v. Mobil Oil, to support the conclusion that… Read More »

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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 »

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