In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend.

Consent has seemed to plague TV-maker Vizio. First, it got into trouble with consumers by allegedly secretly collecting information about their viewing habits and selling that information without the consumers’ consent. Then, it reached a deal

Robert Tugander and Greg Mann wrote an article for Law360 on one of the most widely litigated issues: whether the insured’s liability stems from an “occurrence.”

To read the article, click the link below.

Illinois Trump Tower Ruling Illuminates Insurance ‘Occurrence’

The federal estate and gift tax exemption (the combined amount you can give away to beneficiaries other than your spouse or charities during life and at death without paying gift or estate tax) is increasing to $13.61 million per person as of January 1, 2024, up from $12.92 million in 2023. This is an increase

Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”).

The judge found that the Official Committee of Unsecured Creditors’ (the “Committee’s”) request to proceed with the action was baseless since no settlement had been reached and the Committee’s entire

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Summer issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings, among others:

• A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity

If you are at least 70 ½ years old and have a traditional IRA, you can give up to $100,000 from your IRA account directly to charity. This direct transfer, called a Qualified Charitable Distribution (QCD), avoids having to  recognize the assets transferred to the charity in your gross income on your tax return.

Direct

Paul Majkowski and Lauren Russo authored, “Holding the Gate Against Talc Plaintiffs’ Experts: New Jersey Appellate Court Reverses Multi-Hundred Million Dollar Verdict,” for the October 2023 issue of IADC – Toxic and Hazardous Substance Litigation Newsletter.

Click here to read.

The federal False Claims Act (FCA) imposes civil liability on anyone who “knowingly presents” a “fraudulent claim for payment” to the federal government. 31 U.S.C. § 3729(a)(1)(A). The FCA’s qui tam provisions allow private citizens, referred to as “relators,” to bring fraud claims on the government’s behalf against those who have violated the FCA’s prohibitions.

New York’s Office of Cannabis Management (OCM) announced that prospective applicants have an additional 14 days to submit their applications, extending the deadline for retail applicants with control of an eligible property to November 17, 2023, and all other applicants to December 18, 2023. The announcement clarified that the deadline for the Notice to Municipality

Kenneth A. Novikoff’s Summer issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2023.

This column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition discrimination agreements. All of the decisions analyzed in this column are by New York courts – federal and

Here is what we cover in this issue of Title Insurance Update Autumn 2023

• “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
• A trial court in New York has granted summary judgment to a

Court Finds No Coverage For Stolen Jewelry Based On Conveyance Clause And Unattended Auto Exclusion

 The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry.  The insured’s complaint alleged that after attending a marketing event

Here’s what we discuss in our October Insurance Update.

Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”

Massachusetts (federal): Insurer May Consider Sums Uninsured Party Would Have Paid Under Joint Defense Agreement When Assessing Costs Reasonably Related to Insured’s Defense

Delaware: Professional Services Exclusion Does Not Apply to False

The U.S. Supreme Court has granted certiorari in two cases involving government officials who blocked individuals from their social media accounts.

One of the cases, Garnier v. O’Connor-Ratcliff, 41 F.4th 1158 (9th Cir. 2022), cert. granted, O’Connor-Ratcliff v. Garnier, No. 22-324 (Apr. 24, 2023), was decided by the U.S. Court of Appeals for the Ninth Circuit.

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),