Recent Publications - Michael A. Troisi


NY DFS Issues Emergency Regulations for Looting and Vandalism Claims
June 8, 2020 | Insurance Coverage
On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state in recent days. The regulation, Amendment Seventeen to 11 NYCRR 216 (Regulation 64), requires New York State-regulated insurance companies …
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State Governments Look to Property Insurers for Small Business Relief
April 2, 2020 | Insurance Coverage
The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action.  And, despite congressional passage of the Coronavirus Aid, Relief, and Economic Security Act (Cares Act), with its corresponding infusion of $2 trillion into the national economy, governors and other state officials, …
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Confronting Business Interruption Claims Resulting from COVID-19
March 20, 2020 | Insurance Coverage
As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption. There is likely little to no coverage available under most standard commercial property policies for these types of claims. Most commercial property policies provide coverage for lost income or …
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New York’s Top Court Rules That Computer Fraud Coverage Applies To Unauthorized “Hacking,” But Not To Authorized Users Who Supplied Fraudulent Data
August 3, 2015
New York’s Top Court Rules That Computer Fraud Coverage Applies To Unauthorized “Hacking,” But Not To Authorized Users Who Supplied Fraudulent Data The New York Court of Appeals, New York’s highest court, has ruled that an insurance agreement that provided coverage for “a fraudulent entry of Electronic Data or Computer Program” into the insured’s computer …
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New York’s Top Court Rules that Water Damage Exclusion Barred Coverage and Rejects Plaintiffs’ Interpretation of Ensuing Loss Protection
March 6, 2015 | Appeals | Insurance Coverage
The New York Court of Appeals, in Platek v. Town of Hamburg, has reversed an appellate court’s decision and ruled that a water damage exclusion in a homeowners’ insurance policy precluded coverage for a claim that the insureds’ basement was flooded after a water main ruptured.  In so ruling, the Court also rejected the plaintiffs’ …
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Court Rules That Investment Losses Sustained as a Result of Madoff Ponzi Scheme Are Not Covered Under Homeowner’s Policy
January 6, 2011 | Appeals | Insurance Coverage
The attached decision, issued on December 20, 2010 by Judge Lewis Kaplan, granted summary judgment to Fireman’s Fund and dismissed plaintiff’s Complaint. Rivkin Radler attorneys Michael Troisi, Michael Versichelli and Michael Welch represented Fireman’s Fund. Plaintiff, Sharon Lissauer, sustained losses as a result of the Bernard Madoff Ponzi scheme. Over the course of many years, …
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Appellate Division Rules in Favor of Insurer on Residency Issue
April 30, 2010 | Appeals | Insurance Coverage
Please click the link below to view the Litigation & Appeals Law Alert – May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Litigation & Appeals Law Alert – May 2010 Reprinted with permission.  All rights reserved. …
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What Insurers Need To Know When Investigating & Adjusting…
April 15, 2010
Please click the link below to view this article.  Adobe Reader is required to view the bulletin.  If Adobe Reader is not installed on your PC, click here to download and install. What Insurers Need To Know When Investigating and Adjusting Mortgage Claims Reprinted with permission.  All rights reserved. …
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