An oft-repeated maxim in self-help literature is: “Do not let your circumstances define who you are.” In a similar vein, policyholders should proactively manage situations in which known circumstances may potentially give...more
Defendants in New York state court must now produce insurance information in newly filed lawsuits within 90 days of answering the complaint.
While the extent of the insurance disclosure requirements has been narrowed, and...more
Amendments to CPLR § 3101(f) now require the disclosure of voluminous information including insurance applications and information about other claims.
Defendants in New York state court must produce extensive...more
After hitting the shores of Louisiana with winds of up to 172mph in late August, Hurricane Ida’s remnants barreled up to the northeastern United States, leaving waves of destruction in its wake. The deluge of rain—more than...more
The presence of virus on the premises that renders the property unsafe can cause physical loss or damage and trigger property coverage without any distinct, demonstrable physical alteration.
Juries, not judges, get to...more
When Frank Sinatra famously sang “if I can make it there, I’ll make it anywhere,” he was probably not crooning about making a claim for insurer bad faith. New York has indeed acquired a reputation as a difficult place to...more
“Service of Suit” limitation period to file is less than a month away -
Many insurance policies have various limitation periods and exclusions built into them. One such limitation period is known as a “service of suit”...more
As the COVID-19 public health crisis continues to surge globally, the insurance industry has largely closed ranks behind the position that, with few exceptions, commercial property policies are “not designed” to cover...more
New Jersey’s greatest contribution to American rock ’n’ roll, Bruce Springsteen, was nearly relegated to obscurity by a marijuana bust involving his bandmates. Rock legend has it that one of The Boss’ early bands, the...more
Like Bob Dylan, marijuana has gone from symbol of 1960s counter-culture to mainstream appeal. It is telling that Lloyd’s of London (which reportedly insures Mr. Dylan’s vocal chords) has also recently announced that that it...more
Expanding the Boundaries of Coverage in the Face of Evolving Risks -
Advances in technology, social change, new regulations—developments like these challenge companies’ risk-mitigation efforts and insurance programs. As the...more
9/6/2018
/ #MeToo ,
Arbitration ,
Artificial Intelligence ,
Construction Industry ,
Cyber Insurance ,
Cybersecurity ,
Data Protection ,
Employer Liability Issues ,
EU ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Policy Terms ,
Popular ,
Property Damage ,
Sexual Harassment ,
Transportation Industry
Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple...more
Are criminal cyberattacks increasing in sophistication and frequency? Yes.
Is every company, in every industry, that collects or stores sensitive customer, employee, or business data vulnerable to cyberattacks?...more
Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more
4/27/2016
/ Attorney General ,
Blue Sky Laws ,
Civil Investigation Demand ,
Climate Change ,
D&O Insurance ,
Energy Sector ,
Errors and Omissions Policy ,
Exxon Mobil ,
Form 10-K ,
Government Investigations ,
Martin Act ,
Peabody Energy ,
Public Statements ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Subpoenas ,
Utilities Sector
On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more
4/19/2016
/ Advertising Injury ,
Class Action ,
Commercial General Liability Policies ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Electronic Medical Records ,
Insurance Industry ,
Internet ,
Popular ,
Risk Management ,
Summary Judgment ,
Travelers Property Casualty Co.