Michael Kotula and Robert Maloney published the article, “The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects,” in the Fall 2022 issue of USLAW Magazine.

The article discusses the nuances of the liability and insurance coverage issues that go along with risk transfers.

Read the full article here.

For some time, bankruptcy courts wrestled over whether creditors violated the Bankruptcy Code’s automatic stay provision under 11 U.S.C. § 362(a)(3) by creditors’ passive retention of a debtor’s property once a debtor files for bankruptcy. Last year, in City of Chicago v. Fulton[1] the U.S. Supreme Court issued an opinion that puts this issue to

When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed.

A recent practice, spurred by case law, has allowed defendants in some jurisdictions to remove to federal court. This is particularly a concern in

State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids. And this theory is being tested in climate change cases against energy companies.

As new legal theories and trends emerge, so do insurance

With the strong support of regulators, including in New York, telemedicine has significantly expanded since the beginning of the COVID-19 pandemic. See, e.g., New York State Department of Health, Comprehensive Guidance Regarding Use of Telehealth including Telephonic Services, available at https://www.health.ny.gov/health_care/medicaid/program/update/2021/no07_2021-06_covid-19_telehealth.htm; Governor Hochul Announces $3 Million in New Grants to Expand Access to Telehealth across

By now, your college-age kids have decorated their dorm rooms and collected every class syllabus (although whether they’ve read them is a different issue). While you may long for the days when you were an integral part of their daily lives, your job is far from over. You can still protect your kids and your

Southern District Holds That Claim For Unjust Enrichment Not Covered Claim For “Property Damage”

The owners of a Manhattan apartment hired Zale Contracting to renovate their apart-ment.  After the apartment’s sprinkler system failed, Zale, with the owners’ consent, allegedly repaired the damage caused by the failure and purchased and installed new materials, resulting in additional

The Court is undergoing a remarkable, and continuing, makeover. After Chief Judge Janet DiFiore’s successor joins the Court, a majority of judges will have taken their seats since June 2021. Indeed, the Court’s most senior member, Judge Jenny Rivera, has not yet even served a full decade on the Court.

Recognizing that the Court has

A few years back, we discussed the Montana Supreme Court’s Parker decision, which interpreted an earth movement exclusion in a first-party claim under a homeowner’s policy.  There, a boulder dislodged from a hillside and damaged the insured’s house.  The issue was whether a tumbling boulder should be considered earth movement.  The court said yes.  Now,

More and more officials in states across the country are seeking to assert authority over the ways that social media companies interact with their users, and how they handle posted content. The companies typically have objected to those restraints by asserting, among other things, a First Amendment right to be free of government control. As

What happened:

Fester Addams, a wealthy bachelor, wants nothing more than to find a great love like that between his older brother Gomez and his wife Morticia, but he is too trusting and easily mislead. Following the birth of Gomez and Morticia’s third child, Pubert, they hire a nanny named Debbie. Fester quickly becomes

Many of Long Island’s residents share a deep love for the area’s dreamy summers. From dense wooded hiking trails to quiet secluded beaches overlooking the Long Island Sound, the area offers residents the perfect environment to enjoy nature and summertime.

In addition to taking advantage of the Island’s coastal areas, many local residents seek respite

Healthcare fraud related to durable medical equipment (DME) is extremely costly to insurers yet often continues without criminal or civil consequences.

Fraudulent schemes by DME supply companies vary in complexity but usually prove extremely costly to insurers. Likely victims of DME fraud include Medicaid, Medicare, automobile insurers, workers’ compensation insurers, and other private health insurers.

Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent

In December 2015, Luis Alberto was working on a construction project at a building owned by the insured when a wall collapsed, causing him to fall to his death.  In December 2017, Alberto’s

Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.