Recent Blog Posts
New York City HPD Annual Property Registrations Include New Lead Paint Questions and Hotels Are Also Required to Respond
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 »
Fraud Liability May Be Covered by Insurance
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 »
New York Judge Resolves “Toll” vs. “Suspension” Debate Over EO 202.8
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 »
Coronavirus Leads to Uptick in Claimed Insurance Fraud
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 »
New York Lifts Grace Period on Statute of Limitations for Personal Injury Claims
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 »
Insurers Prevailing in Most COVID-19 Business Interruption Litigation
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 »
Talent Agency Brings $150 Million Lawsuit Against Insurer for Coronavirus Losses
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 »
Talcum Powder Verdict Against Johnson & Johnson Cut in Half
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 »
DC Court Throws Out COVID-19 Business Interruption Claim
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 »
Appellate Division Denies Request for Summary Judgment or Frye Hearing to Condo Board in Mold Personal Injury Suit
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 »
