Losses From Madoff’s Ponzi Scheme Not Covered Under Homeowners Policy

After allegedly losing millions of dollars in Bernard Madoff’s Ponzi scheme, Sharon Lissauer brought suit against Fireman’s Fund Insurance Company to recover that money under her homeowners policy. In its decision dismissing the complaint, the U.S. District Court for the Southern District of

Please click the link below to view the New York Insurance Coverage Law Update — 2010 Summary. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Health Law Bulletin – April/May 2010

Ernst & Young had been retained as an auditor for a now defunct workers’ compensation self-insurance group.  The rehabilitator appointed pursuant to Kentucky’s Insurers Rehabilitation and Liquidation Law (“IRLL”) asserted tort claims on behalf of the group against Ernst & Young in state court.  Ernst &

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Ring Around the Collar

Copyright © 2011 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

In its recent decision in Giordano v. Market America, Inc. and Chemins Co., Inc., 2010 NY Slip Op 8382; 2010 N.Y. LEXIS 3284 (November 18, 2010), the New York Court of Appeals (4-3 decision) expanded the definition of latency for purposes of the application of the statute of limitations under CPLR §214-c. Giordano originated as

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

The plaintiff in this case was a former driver of Southern Shuttle Services, Inc.’s airport shuttle vans, a shared-ride airport shuttle, which transported passengers to and from three South Florida airports (Miami International Airport, Palm Beach International Airport, and Fort Lauderdale-Hollywood International Airport). The plaintiff, like other shuttle drivers, was paid commission and tips, but

Once the bastion of college students and computer geeks, social media[1] are now established means of communication for mainstream society – be it commercial, political or personal speech.

Businesses increasingly rely on social media to create “buzz” around their products and services, effectuate deals and sales and provide key customer-business interfaces, among other things. Obviously,

This article is planned as the first in a series of short articles concerning practice tips in the handling of a construction defect case from initial assignment, through discovery and trial preparation.  The focus will mainly be for the newer practitioner (or one new to the field) and I will draw upon my almost 30

No Coverage For Mold Case Where Alleged Injury Outside Policy Period

The underlying plaintiff’s allegation of exposure to mold during the policy period did not trigger any duty to defend or to indemnify where the injury allegedly occurred after the policy period. As the court reasoned, New York follows the “injury-in-fact” test that “rests

The plaintiff argued that his employer, Advanced Healthcare, had violated the Americans with Disabilities Act (ADA) when it allegedly terminated him on January 30, 2009. The plaintiff claimed he was a qualified individual with a disability under the ADA because his renal cell carcinoma (which was in remission at the time of the alleged termination)

Please click the link below to view “Contractors Entitled To Jury Trial In Mechanics’ Lien Foreclosure Cases.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Contractors Entitled To Jury Trial I Mechanics’ Lien Foreclosure Cases

Reprinted with permission from the

Stranger-originated life insurance (“STOLI”) policies have emerged in large numbers over the last decade and now comprise a growing segment of the insurance market. In a typical STOLI arrangement, speculators collaborate with an individual to obtain a life insurance policy in the name of that individual, and then sell some or all of the death

Policies that include the cost of defending a particular claim or action in the policy’s limit of liability are commonly referred to as “Burning Limits” or “Defense Within Limits” policies.  Such policies raise a number of significant coverage issues for the insurer, the insured, and the third-party claimant.  This article examines how courts around the

Insurer Must Defend Restaurant Owner In Suit Following Fight At Party

A restaurant employee fatally stabbed a guest and injured another person at a party hosted at the restaurant by the owner. The Appellate Division, First Department, agreed with one insurer that it had no duty to defend or to indemnify the restaurant owner