Melissa Brill

Melissa Brill

Cozen O'Connor

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The New York Court of Appeals Vacates its Decision and Rejects “Coverage by Estoppel”

The New York Court of Appeals rarely hears reargument of its decisions, let alone reverses itself. On February 18, 2014, the Court of Appeals did just that....more

3/3/2014 - Attorney Malpractice Banks Estoppel K2 Investment Group Mortgages

Second Circuit: TCPA Class Actions Permitted in New York Federal Courts

A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case...more

1/24/2014 - Class Action Statutory Damages TCPA Telemarketing Texting Unsolicited Faxes

NY Court to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification

The New York Court of Appeals, New York’s highest state court, recently held – in what appears to be a new position in New York – that an insurer that breached its duty to defend could not later rely on otherwise applicable...more

6/17/2013 - Duty to Defend Indemnification Insurers Policy Limits

New York Court of Appeals to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification

The New York Court of Appeals, the state’s highest court, recently held that an insurer that breached its duty to defend could not later rely on otherwise applicable exclusions to deny coverage for indemnification....more

6/14/2013 - Duty to Defend Indemnification Insurers Policy Limits

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

4/5/2013 - Actual Malice Attorney's Fees Bad Faith Damages Hurricane Sandy Private Right of Action Property Insurance Punitive Damages Unfair Claims Settlement Practices Act

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