Second Department Finds Fact Issue On Coverage Based Upon Certificate Of Insurance And Dismisses Non-Insured’s Bad Faith Claim

Machine Tool Repair & Sales, Inc., purchased a grinder from Pride Machinery Sales, Inc., and Pride arranged for the grinder to be transported from a third-party’s warehouse to Machine’s premises. Pride also purchased a cargo policy

With cyclospora on everyone’s mind, and a recent surge in Legionnaire’s cases in Manhattan, we thought it was only fitting to include in this month’s update insurance decisions involving a food recall and Legionnaire’s disease. We also include a pair of opioid cases.

Determining the number of occurrences can sometimes be a daunting task. The

Many people own second homes that, in the right circumstances, can be used to make gifts and reduce the portion of their estate subject to estate tax.

With the high 2026 federal estate and gift tax exemption ($15 million), no New York State gift tax, and the high 2026 New York State estate tax exemption

When a parent or loved one becomes seriously ill, suffers an injury, or begins showing signs of dementia, families may suddenly find themselves making urgent decisions while also coping with worry, uncertainty, and grief. One question often rises to the top: “If Mom can’t sign documents anymore, what can we do?”

The answer depends on

New York Medicaid providers should prepare now for significant changes in provider enrollment oversight. The New York State Department of Health (DOH), following direction from the Centers for Medicare & Medicaid Services (CMS), will require every Medicaid-enrolled provider in New York to complete revalidation over the next 24 months. The process will require coordination among

With the New York Medicaid Program facing scrutiny by the U.S. Department of Health and Human Services (HHS) for a perceived lack of oversight and compliance integrity involving certain types of providers (including personal care and home health providers), the New York Department of Health (DOH) recently announced certain program administrative measures that seem designed

On Tuesday, August 11, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued the long-awaited final rule permanently removing the requirement of millions of U.S. companies and U.S. persons to report beneficial ownership information to FinCEN under the CTA. However, the interim final rule—previously issued by FinCEN on March 21, 2025

If you’ve ever read a will, you’ll see the term “executor.” An executor is the person you appoint to carry out your wishes as expressed in your will. The executor’s job lasts a relatively short period of time, typically two to three years, ending with the final distribution of the estate’s assets to the beneficiaries.

Tricia Marcin authored the article, “Expressing Gratitude: Using Your IRA to Make Gifts to Brightway,” which was published on Brightway.com, one of Long Island’s largest organizations serving children and adults with autism and other developmental disabilities. The organization supports more than 1,600 people across Nassau and Suffolk counties.

The article explains how eligible individuals can

As discussed in the firm’s prior publication, Medical Aid in Dying Is Now Legal in NY, Gov. Kathy Hochul signed New York’s Medical Aid in Dying Act (MAID) on February 6, 2026. Since then, the New York State Department of Health (DOH) has issued a form (DOH-5847) for patients to request MAID, frequently asked questions

On July 23, 2026, the New Jersey Supreme Court approved the addition of Rule 1.8(k) to New Jersey’s Rules of Professional Conduct, effective September 1, 2026. The new rule, which adopts and clarifies ABA Model Rule 1.8(j), creates a new conflict-of-interest rule prohibiting attorneys from having sexual relations with their clients unless a consensual relationship

Fourth Department Finds Professional Services Exclusion Does Not Preclude One Insurer’s Duty To Defend And A Question Of Fact As To Another Insurer’s Duty To Defend Due To An Ambiguous Trade Contract

Erie County owns a park and retained Destro & Brothers Concrete Company as a contractor and LiRo Engineers, Inc. as a construction manager

On July 1, 2026, the Centers for Medicare & Medicaid Services (CMS) proposed a new rule that included certain enrollment-related policy changes under the Home Health Prospective Payment System (HHPPS) designed to “reduce improper Medicare payments and protect beneficiaries.”[1]

As explained by CMS, “[t]he overarching purpose of the enrollment process is to help confirm that

On July 15, 2026, the New Jersey Supreme Court held that insurance brokers, producers, and agents are not “learned professionals,” and therefore are not exempt from liability under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. In so holding, the Court eradicated the previously recognized, judicially created “semi-professional” exception and further clarified the definition

If you had the pollution exclusion on your betting card, then you hit the trifecta this month. Our first three cases in this month’s update involve pollutants.

The term “pollutant” is broadly defined in most policies, but still, courts sometimes wrestle with what qualifies as a pollutant.

A CGL policy included “carbon monoxide and other