Recent Publications
December 5, 2025 |
Often, people with long-term medical or cognitive conditions that limit their ability to manage their daily care need in-home assistance. Since home care typically costs between $25 and $35 an hour, without long-term care insurance, home care is unaffordable or financially devastating for many.
Subject to eligibility, New York Community-based Medicaid (Homecare) is a solution.
Read MoreNovember 25, 2025 |
Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit
Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without Rodriguez’s permission, the restaurant hired a company to change the signage and awning in front of its storefront. A worker was injured when he fell
Read MoreNovember 20, 2025 |
Courts considered some interesting insurance issues this past month.
The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for interpleader.
The Eleventh Circuit applied the notice-prejudice rule to a claims-made and reported policy but found the insured could not overcome a
Read MoreNovember 18, 2025 | |
The 2025 National Health Care Fraud Takedown, announced in June, was the largest in history, with 325 defendants charged (including 96 providers) in 50 federal districts. In all, the charged schemes involved more than $14 billion in intended loss, and more than $245 million in cash, luxury vehicles, cryptocurrency and other assets were seized. These
Read MoreOctober 30, 2025 |
Southern District Finds SIR Endorsement Does Not Apply To Additional Insured
Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire Insurance Company defended its named insured, US Crane, in
Read MoreOctober 24, 2025 |
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
Read MoreOctober 22, 2025 |
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
Read MoreOctober 21, 2025 |
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
Read MoreOctober 17, 2025 |
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.
Read MoreOctober 9, 2025 | |
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
Read MoreSeptember 30, 2025 |
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
Read MoreSeptember 26, 2025 |
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,
Read MoreSeptember 22, 2025 |
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
Read MoreSeptember 22, 2025 |
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
Read MoreSeptember 10, 2025 |
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.
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