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Richard A Fogel, P.C
389 Cedar Ave. Islip, NY 516.721.7161

Recent Blog Posts

Buffalo City hall and Niagara Square ( State of New York) view f

New York Governor Signs the Comprehensive Insurance Disclosure Act

By Richard A. Fogel |

To cap off the end of 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act into law. The new law compels defendants to disclose a wealth of information about insurance policies as well as other information about legal claims shortly after a lawsuit is commenced. The insurance industry and the defense… Read More »

damage after Sandy hurricane in New York city

New York City Mayor Waives Asbestos Fees After Hurricane Ida

By Richard A. Fogel |

Hurricane Ida was a massive, destructive storm that tore through the east coast. Many buildings in New York were damaged or destroyed. Property owners were tasked with finding ways to repair their damaged buildings while accounting for the increased risk of exposure to asbestos that had been present in walls and roofing materials. Mayor… Read More »

Ecology Law

Major Chemical Company to Face Toxic Tort Trial After New York Federal Appellate Court Rules Plaintiff’s Expert Erroneously Excluded

By Richard A. Fogel |

A recent decision from the federal appeals court governing New York may lead to significant liability for major chemical manufacturer DuPont. The appellate court disagreed with the trial court, which had excluded the plaintiff’s expert testimony to be used against DuPont and consequently kicked the case. The appellate decision could have a significant impact… Read More »

Toxic Pollution Inside The Human Body

New York Appellate Court Sets Low Bar for Specific Causation Evidence in Toxic Tort Cases

By Richard A. Fogel |

Causation is one of the most complex aspects of any toxic tort case. The plaintiff’s entire case often hinges on whether they can show both that a specific toxin can cause an illness, and whether the plaintiff was actually exposed to enough of that toxin to cause their particular illness. New York courts have… Read More »

Social Security

Are Non-Assignment Clauses in Insurance Policies Enforceable?

By Richard A. Fogel |

As a general rule, parties to a contract can agree that the rights and obligations under the contract are non-transferable. If one party ceases to exist or gets sold to another party, the contract ends. The parties would need to put that in writing, in an “anti-assignment” clause (meaning each party’s rights under the… Read More »

Chef in safety mask hanging up sign closed on restaurant door.

New York Courts Continue to Rule for Insurers in Business Interruption Cases

By Richard A. Fogel |

We previously covered a number of business interruption insurance coverage lawsuits related to the coronavirus pandemic. As the pandemic continues and more case law develops, the trend has become abundantly clear: New York courts understand that COVID-19-related closures do not constitute actual physical losses for the purposes of business interruption insurance. A recent federal… Read More »

Couple Using Bucket For Collecting Water Leakage From Ceiling

Defining “Reasonable Care” in a Property Insurance Claim

By Richard A. Fogel |

Insurance companies are entitled to rely on policyholders to do their best to reduce the likelihood of damage and to mitigate damage when it does occur. Policyholders cannot intentionally or recklessly let damage to their property occur, do nothing to prevent the spread of damage, and then turn around and try to collect on… Read More »

CO2 carbon dioxide emissions global air climate pollution outline concept

New York Federal Court Throws Out Climate Change Tort Lawsuit

By Richard A. Fogel |

Climate change is real, and governments around the world should take steps to mitigate the problem. Suing individual companies for conducting legal business within the bounds of state and federal law is not one of those steps. New York City found that out the hard way recently when an attempted environmental tort lawsuit was… Read More »

white paint pealing on the side revealing lead

New York City HPD Annual Property Registrations Include New Lead Paint Questions and Hotels Are Also Required to Respond

By Richard A. Fogel |

As previously reported on my website, Local Law 1 of 2004, 27 NYC Admin Code 2056.1 et seq., was amended effective February 2021 to broaden the lead paint statute in New York City from multiple dwellings (3 or more units) to all rental units regardless of size. The amendments also tightened record keeping requirements… Read More »

A programmer is typing a code on computer to protect a cyber security from hacker attacks and save clients confidential data. Padlock Hologram icons over the typing hands. Formal wear.

Fraud Liability May Be Covered by Insurance

By Richard A. Fogel |

Fraud litigation is expensive. Defending against claims of shareholder fraud or other allegations can severely deplete a corporation’s coffers, even if the allegations turn out entirely false. The availability of insurance coverage for fraud claims can make or break a company. Insurance companies, on the other hand, often claim that fraud is not covered… Read More »

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