Recent Publications - Michael P. Welch


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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Appellate Term Establishes New Burden of Proof in Body Shop Litigation
June 30, 2012 | Insurance Coverage | Appeals

In recent years, there has been uncertainty as to the standards to be applied when automobile repair shops challenge the conduct of automobile insurers in regard to the negotiation and payment of collision repair costs.  In Nadel v. Allstate Insurance Company, 2012 N.Y. Misc. LEXIS 1527 (N.Y. App. Term 2d Dep’t 2012), the Appellate

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How Bankruptcy and the Doctrine of Judicial Estoppel Affect the Investigation and Litigation of Insurance Claims
September 30, 2011 | Appeals | Corporate | Insurance Coverage

Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim

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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

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Court Dismisses Class Action Challenging Automobile Insurer’s Specification of ‘Non-OEM’ Crash Parts In Repair Estimates
December 31, 2010 | Appeals | Insurance Coverage

Patchen v. Government Employees Insurance Company, U.S. District Court, Eastern District of New York

On January 7, 2011, United States District Court Judge Arthur Spatt granted GEICO’s motion to dismiss plaintiffs’ Complaint. Rivkin Radler attorneys Evan H. Krinick, Michael P. Versichelli and Michael P. Welch represented GEICO. The case presented an important issue that has

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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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