In June, we wrote about the Commercial Division Advisory Council’s proposed amendment to 22 NYCRR § 202.70 to clarify what types of insurance cases may be heard. That amendment was approved October 8.

The New York Commercial Division is a leading court where complex insurance disputes are resolved. Disputes must meet a monetary threshold. But

We are pleased to bring you our monthly insurance update.

And insurance brokers will be pleased with the Connecticut Supreme Court’s decision on the scope of an insurance agent’s duties. The court held that an agent has no duty to inform the insured that its policy is at risk of being nonrenewed.

In Ohio, an

Brian Bank and Krystal Armstrong contributed to an article that appeared in the ABA’s TIPS Law Journal Fall 2025 issue entitled, “Recent Developments in Business Litigation.”

Click here to read the full article.

© 2025. Published in Tort Trial & Insurance Practice Law Journal, Fall 2025 (60:1), by the American Bar Association. Reproduced with permission. All

Your friendly neighborhood branch banker suggests that you change all your accounts to either joint with your kids or to name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary designation). She says this will make the administration of your estate when you die much less complicated and easier for everyone.

OMIG publishes audit protocols to “assist the Medicaid provider community in developing programs to evaluate compliance with Medicaid requirements under federal and state statutory and regulatory law.”[1]  Such protocols are “applied to a specific provider type or category of service in the course of an audit and involve OMIG’s application of articulated Medicaid agency policy

Southern District Denies Motion To Dismiss Breach Of Implied Covenant Claim But Dismisses Punitive Damages Claim

The insured manufactured products in the 1980s that may have contained asbestos and was named in thousands of asbestos-related bodily injury lawsuits. With the help of an insurance archeologist, the insured searched for insurance policies covering the years implicated

Stuart Gordon and Krystal Armstrong wrote, “Supreme Court Decision Limits Trustees’ Ability to Pursue Fraudulent Transfer Actions” for the Fall 2025 issue of USLAW Magazine.

The article discusses a recent Supreme Court opinion that narrowed the sovereign immunity exception, effectively limiting the ability of a trustee to recover transfers from the government.

To read the article,

Jealous husbands, protection payments, defective earplugs, opioids, and abuse of process form the backdrop to our September Insurance Update. 

We begin with two cases from Delaware’s high court.

The first reaffirms principles stated in its 2022 Rite Aid decision, this time in connection with CVS’s attempts at coverage for opioid claims lodged against it.

The

On the evening of Friday, September 19, 2025, President Trump issued a Proclamation requiring H-1B workers, or their sponsoring employers, to pay a $100,000 fee for any H-1B beneficiary entering the United States after 12:01 a.m. EDT on September 21, 2025. The Proclamation sets forth one exception to the $100,000 fee. Specifically, the Proclamation indicates that the

New York’s Consumer Directed Personal Assistance Program (CDPAP) has long been the subject of enforcement at the New York State Attorney General’s Office (AG).  Many of those enforcement actions involve caregivers who billed Medicaid for CDPAP services never provided but sometimes also implicate agencies that are responsible for processing caregiver payments and protecting against fraud.

The adage that “it is better to ask for forgiveness than permission” does not apply to trademark law. This is especially true where receiving forgiveness may be conditioned by paying substantial sums of money to brand owners whose trademark rights are violated.

To that end, a recent verdict by a Pennsylvania jury in

Northern District Finds Modified Employer’s Liability Exclusion In Policy Ambiguous

The general contractor for a construction project hired DJ Heating & Cooling to perform HVAC work at the project and Rocker II Drywall Services, LLC, to install sheetrock. Rocker purchased its sheetrock from a supplier that hired Jumpstart Reality LLC to provide laborers to

New York State’s Medicaid Homecare program pays for in-home personal care services. New York’s program has long been the best in the country.  One underlying policy behind the program was that people should have every opportunity to remain in the community.  A community focus provides two benefits: the social benefit derived from keeping people independent

“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may mean the exclusion applies even though the insured itself did not commit the excluded act.

The federal government has demonstrated that it is more than willing to use the United States criminal code to prosecute home care agencies that pay unlawful financial inducements to generate referrals in violation of the Anti-Kickback Statute (AKS).

In a superseding indictment unsealed in March 2025, the United States Attorney’s Office for the Eastern District