Our November Insurance Update touches upon some novel issues. Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? Must a workers’ compensation carrier pay for medical marijuana costs? Does a pollution exclusion bar a landlord’s costs to …
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The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform. Below are some considerations for hospital personnel participating in virtual hearings. (1) Familiarize yourself with the technology Due to …
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The New York State Office of the Medicaid Inspector General (OMIG) instituted changes to its annual compliance certification process, effective immediately. These changes apply to those Medicaid, Managed Medicaid, and Service Bureau providers subject to the mandatory compliance program requirements in Section 363-d of the New York State Social Services Law (SSL) and the Deficit …
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Fifteen years ago, the New York Court of Appeals ruled that a violation of a licensing requirement by a medical provider rendered the provider ineligible to be reimbursed by an insurance company for no-fault claims that had been assigned to the provider by an individual allegedly involved in an automobile accident. The court recognized that one …
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Court Holds Employee Of Contractor Exclusion Precluded Coverage For Accident That Would Not Have Occurred “But For” Contractor’s Work Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks.  Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a grinder …
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As more and more businesses throughout the state resume operations after the COVID-19 pandemic shutdown, they face a continuing concern about the virus from customers, employees, and vendors who come to their facilities. Many organizations have instituted temperature checks and inquire about symptoms, out-of-state travel, and other issues in an attempt to weed out individuals …
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Earlier this week, Axel Bernabe, Assistant Counsel to NY State Governor Andrew Cuomo, indicated that he expected the state budget to once again include provisions legalizing the recreational use of marijuana and permitting the use of CBD (cannabidiol) in food and beverages. Bernabe disclosed the news during an interview with Canopy Growth Corp.’s David Culver …
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Here’s what you’ll find in our October Insurance Update: Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases Ninth Circuit Rejects Excess Insurer’s “Improper Erosion” Theory Insurer Had No Duty to Defend Landfill Operator in Criminal Proceeding Stemming from Pollution Incidents, Fifth Circuit Holds Repeated Fuel Thefts by Truck Drivers Who Exploited Programming Glitch …
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The election is only weeks away, and with it is likely to come significant changes to the tax code. Many economists anticipate that, regardless of the outcome, there will likely be tax increases to reduce the federal deficit, which now stands at over $3 trillion. Since those changes could take effect as early as January …
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David Leno, Peter McNamara, Matthew Spero, and Michael Heller published the article “Title Insurance Coverage And Easement Disputes: Case Update” in Mealey’s Emerging Insurance Disputes. Courts have issued several important decisions recently in cases involving title insurance coverage and easement disputes. In this article, the authors discuss a New York court decision resolving whether a …
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Welcome to the Fall 2020 issue of The Title Reporter: A Legal Update for the Title Insurance Industry. This issue focuses on recent court decisions involving easements. It also discusses a factsheet released by the Consumer Financial Protection Bureau on disclosures of title insurance costs. We begin this issue of The Title Reporter with a discussion …
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Welcome to the Fall 2020 issue of The Employment Law Reporter! This issue of The Employment Law Reporter first discusses a number of recent employment discrimination cases and then reviews cases involving complaints stemming from non-competition  agreements. All of the decisions analyzed in this issue are by New York courts – federal and state. Many …
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James Lagios, Joshua Smith and Mark Wagner wrote, “The Cannabis Industry Is Risking It All,” for Mealey’s® Emerging Insurance Disputes. The article discusses the obstacles that cannabis-related businesses face when seeking to use insurance coverage to mitigate their operational risks. To read the article, click here.   …
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SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the driver’s auto policy, Tekel submitted a claim for supplementary underinsured motorist (SUM) benefits under a commercial …
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Greg Mann was published in The CLM, “Malicious Prosecution Claims: Trend or Anomaly?” The article discusses recent decisions that have created a new wrinkle in the insurance coverage debate. Click here to read the article. …
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