Robert Tugander wrote, “Two Words Play a Key Role in Opioid Litigation,” for the insurance industry publication, Best’s Review.

The article discusses the issues insurers confront when government entities sue their pharmaceutical company insureds. Often, the courts will rely on two words — because of — in the policy language when determining whether insurers are

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive

Lawyers, accountants, other professionals, business people, and consumers who are not directly involved in discovering, challenging, and litigating insurance fraud matters likely would be shocked to learn about the breadth and prevalence of these schemes.

By the same token, one might think that the number and range of insurance fraud-related indictments, convictions, and sentencings in

First Department Finds That Excess Policy May (Or May Not) Be Triggered Before Primary Policy In Another Year

Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14.  The contractor was sued for property damage resulting from its construction work during an unspecified time,

The phrase “waiting all day for Sunday night” is usually associated with football. But this Sunday, it may be associated with something entirely different — a potential trademark dispute.

After years of fighting over its previous name, the Washington Commanders are no strangers to trademark disputes. But this potential dispute is a little different. According

We roll out our December Insurance Update just in time for the holidays.

Here’s what’s inside:

• The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo.
• A Minnesota federal judge considers data breach coverage for wire transfers to a fraudulent account.
• A Massachusetts federal court weighs

The U.S. Supreme Court has agreed to hear two cases – and is considering accepting more – that may expose social media companies to significant financial liabilities and state regulation in the future. All concern the manner in which public discourse occurs online and whether social media companies should have responsibility or control over the

What Happened:

The Grinch lives alone in a mountaintop cave with his dog, Max, and no medical attention for his undersized heart and oversized unpleasantness. The Grinch observes the noisy holiday festivities of Whoville from afar. The happy racket fuels his anger and furthers his feelings of isolation. In a misguided attempt to salve his

The holiday season is one of the most magical times of year in New York. The crisp winter air is filled with excitement as residents transform their homes with festive decorations, bright lights and Christmas trees. Although Christmas trees and holiday decorations bring great joy and holiday cheer, it is important for Lloyd Harbor residents

The United States Supreme Court decided a bankruptcy case this year that all bankruptcy practitioners should be aware of. The Supreme Court also granted certiorari to hear an additional bankruptcy case and denied review of another.

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This article appeared in the December 2022 issue of Nassau Lawyer.

Minimum hourly wages for many nonexempt employees and minimum salaries for exempt employees in New York, New Jersey and Connecticut are scheduled to increase in 2023. Employers should begin to make plans to ensure that their hourly wages for nonexempt employees, their minimum salaries for exempt employees and their wage hour policies and practices comply

Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice

In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its insured contractor from certain excess insurers.  The excess insurers were not placed on notice until six years after the filing of the

On November 18, 2022, the New Jersey Law Journal published Nancy Del Pizzo and Deborah Isaacson’s article, “An Update on Recent and Emerging Privacy Laws: When the Client’s Reach is Nationwide.”

The article explores various laws that are becoming effective in 2023 and the nuances in those laws. For practitioners advising clients who sell goods

Our November Insurance Update covers several topics.

We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments.  The Nebraska Supreme Court now considers whether a policyholder can assign to a non-policyholder a cause of action for first-party bad faith.

The Delaware Supreme Court is the latest

Benjamin Wisher authored the article, “Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable,” for the Albany Law Review.

“Amongst New York’s legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years.