Recent Publications
March 29, 2024 | |
Frank Izzo and Jeffrey Ehrhardt authored the USLAW article, “New York Joins List of States Prohibiting Geofencing Near Healthcare Facilities.”
The article discusses geofencing laws, enacted partly in response to the Supreme Court Dobbs decision, in depth by state.
Read MoreMarch 28, 2024 |
Kenneth Novikoff’s issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2024.
The column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements.
Read the full column here.
Read MoreMarch 27, 2024 |
Third Department Upholds Summary Judgment to Insurer Based on Material Misrepresentation by Insured in Insurance Application
Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from
Read MoreMarch 19, 2024 |
Our March 2024 Insurance Update is now available.
We begin with three state supreme court decisions answering these questions:
- A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were filed when the claims-made policy was in effect. Is the claims-made policy triggered? The Delaware Supreme Court decides
March 14, 2024 |
In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently used
Read MoreMarch 8, 2024 |
On Jan. 16, 2024, in the U.S. District Court for the Southern District of New York, the final two defendants in United States v. Pierre, Dkt. No. 1:22-cr-00019 (S.D.N.Y.), Arthur Bogoraz and William Weiner, D.O., pled guilty to charges stemming from their involvement in a massive insurance fraud scheme, where the government alleged that the defendants
Read MoreFebruary 28, 2024 |
New York’s Highest Court Holds That Restaurants’ Business Losses from Coronavirus Not Covered
The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered “all risks of direct physical loss or damage to insured property” and
Read MoreFebruary 23, 2024 |
In this month’s insurance update, we address:
- Whether opioid suits allege an occurrence
- Whether the recurring presence of wild turkeys is “infestation”
- Whether improper copying of an industry publication was in the performance of professional services
- Whether wildfire dust is a “pollutant”
- Whether an aircraft exclusion applies to a partially disassembled plane
- And whether
February 20, 2024 |
On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint against Westport Insurance Corp. seeking COVID-19 business interruption coverage.
The Court’s affirmance continues New York’s well-settled approach to contract interpretation, which demands that all contracts –
Read MoreFebruary 12, 2024 | |
As we’ve previously discussed, portability is an important feature of an estate plan. Portability allows the surviving spouse to die to “save” any of their predeceased spouse’s unused federal estate and gift exemption amount. A federal tax of 40% is imposed on each dollar that exceeds a decedent’s federal estate and gift exemption amount.
The
Read MoreFebruary 1, 2024 | |
You may have heard of Spousal Lifetime Access Trusts (SLATS) lately, especially if you have been thinking about using your federal estate and gift tax exemption before the current higher exemption amount of $13.61 million is automatically reduced to about $7 million on January 1, 2026, assuming Congress takes no action. (See my column from last
Read MoreJanuary 30, 2024 |
Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion
Associated Industries Insurance Company sued its insureds, a lawyer, and his former law firm, seeking a declaration that it had no duty to defend or to indemnify an underlying lawsuit brought by their former client.
Read MoreJanuary 30, 2024 |
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2023.
New York
Read MoreJanuary 30, 2024 | | | |
What Happened
Come on, you know what happened, right?
For those denied the joy of Roald Dahl and his take on bad parents, here is an overview.
Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive chocolatier. Wonka’s Chocolates has one factory. Unlike other factories, no workers or visitors are seen entering
Read MoreJanuary 29, 2024 |
Recently, there has been extensive reporting about the federal Corporate Transparency Act, or the “CTA,” the stated objective of which is to enhance transparency in entity structure and ownership in order to combat money laundering, tax fraud, and misconduct through business structures. The CTA, which became effective as of January 1, 2024, requires certain
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