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Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First...more

COVID-19 Relief: Understanding SBA Loan Opportunities Under the CARES Act

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law. The CARES Act is designed to distribute capital quickly and broadly to help alleviate the economic impact of COVID-19,...more

EPA Issues COVID-19 Enforcement Discretion Policy

Having been “inundated with questions from both state regulators and the regulated community about how to handle the current extraordinary situation,” the Environmental Protection Agency (EPA) recently announced a temporary...more

Employers Take Note of the CARES Act: More Paid Sick and Family Leave Legislation in Response to Coronavirus

As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (FFCRA) was approved by Congress and signed into law by the President on March 18, 2020, in an attempt to...more

Paid Sick and Family Leave Legislation in Response to Coronavirus

As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (the Act) was approved by Congress and signed into law by the President on March 18, 2020 in an attempt to...more

New York Adopts Sweeping Paid Sick Leave Law

Moving quickly to respond to the coronavirus outbreak, New York adopted sweeping legislation providing for paid and unpaid sick leave to all New York employees. ...more

The District of New Jersey Affirms Application of Suit Limitation Provision in Train Derailment

Although we cover a wide variety of topics and issues on this blog, one issue that recurs with some frequency is the appropriate application of suit limitation provisions that are found in most property policies. ...more

Eastern District of New York Upholds Flood Exclusion in Superstorm Sandy Case

Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New...more

Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane Harvey

Last week, we wrote a post about a number of bulletins of potential interest to property insurers issued by the Texas Department of Insurance concerning the appropriate conduct of those involved in the insurance claims...more

Texas Department of Insurance Issues Bulletins Relating to Hurricane Harvey

With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of...more

Connecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards

The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for...more

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years....more

What Is Prompt Notice? Second Circuit Analyzes Late Notice In New York

Property insurance policies typically require that, once an insured suffers a loss, the insured report the loss to the insurance carrier promptly. The purpose of such a provision is to allow an insurer to investigate a claim...more

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was...more

A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the...

Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the...more

Missing Millions, An Armored Car Conspiracy, And A Fraudulent Connecticut Insurance Application

In determining whether or not to provide insurance to a particular applicant, one thing that insurance companies typically rely on is the insurance application submitted by the prospective insured. The application is designed...more

Is Anyone Home? Washington Supreme Court Interprets Two-Step Vacancy Endorsement

Disputes involving “vacancy” exclusions typically involve the appropriate definition of that word. The recently-decided case of Lui v. Essex Ins. Co., 2016 Wash. LEXIS 692 (Wash. June 9, 2016) presents a somewhat different...more

New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit

Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more

Recent Decision Finds No Business Income Coverage Where Flood Caused Order of Civil Authority

When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses. ...more

Recent Decision Finds No Business Income Coverage Where Flood Caused Order of Civil Authority

When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses. In the...more

Contra Proferentem in New York: A Last Resort for Resolving Ambiguity in Coverage Disputes

In insurance litigation, insureds often argue that, if a provision in an insurance policy is found to be ambiguous, that ambiguity should be resolved in favor of the insured, and against the insurer that drafted the contract,...more

Another State Weighs in on Pollution Exclusions in General Liability Policies

In May 2014, Nevada became the latest state to interpret the breadth and applicability of the pollution exclusion contained within a third-party general liability policy. Although many states have considered this question,...more

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