Welcome to the Summer 2020 issue of Title Reporter: A Legal Update for the Title Insurance Industry. This inaugural issue of this quarterly newsletter covers a wide range of recent decisions by courts across the country involving title insurance.

Here, we explore how courts have calculated loss, addressed the doctrine of subrogation in the context

United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product

99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s condominium complex. 99 Wall withheld certain documents concerning communications between 99 Wall and its consultants in connection with the adjustment of

On June 22, 2020, President Trump issued an executive order that bans certain nonimmigrants from entering the United States (the “Nonimmigrant Ban”) until December 31, 2020. The Nonimmigrant Ban comes on the heels of an April 2020 executive order preventing certain foreign nationals from receiving an immigrant visa (the “Immigrant Ban”). A summary of the

“Intent” is the main theme of our June Insurance Update.

Policyholders will often point to allegations of negligence in attempting to secure coverage for claims involving the policyholder’s intentional conduct.  But it’s the facts, not the labels, that determine coverage.  And we discuss several decisions in our update emphasizing this point.  Whether in the context

Frank Valverde and Patrick O’Mea contributed to an article that appeared in the ABA’s TIPS Law Journal Spring 2020 issue entitled, “Recent Developments in Excess, Surplus Lines, and Reinsurance Laws.”

Click here to read the full article.

©2020. Published in The ABA TIPS Law Journal, Vol. 55, No. 2, Spring 2020, by the American Bar

The U.S. Supreme Court ruled Monday, June 15, 2020, that the ban on sex discrimination in Title VII of the Civil Rights Act of 1964 protects homosexual and transgender workers. In a 6 to 3 decision with Justice Neil M. Gorsuch writing for the majority, the Court interpreted the Civil Rights Act of 1964’s prohibition

As New York continues the process of reopening and individuals, families, and businesses, as well as the courts, adjust to the “new normal” of living in a world still fighting the coronavirus, internet- and technology-related privacy and security issues are at the top of many lawyers’ and corporate executives’ minds.

Certainly privacy and security breach

On June 9, the Beazley Group, a specialty insurer affiliated with Lloyd’s Underwriters, issued a pointed reminder that, as we continue to fight the global pandemic of COVID-19, the cyber pandemic of ransomware continues.

According to Beazley’s Breach Response Services group, ransomware incidents in the first quarter of 2020 increased by 25% compared to Q4

As New York gradually reopens, our “new normal” has created increased demand for personal protective equipment (PPE) and cleaning supplies. In my previous bulletin, I addressed the potential criminal consequences that federal prosecutors could impose as a result of price-gouging or hoarding of scarce and essential materials, including PPE and certain cleaning supplies, due to

On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state in recent days. The regulation, Amendment Seventeen to 11 NYCRR 216 (Regulation 64), requires New York State-regulated insurance companies

Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply

WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which sought to rescind its policy on the basis of WW Trading’s alleged misrepresentations in its application. The Second Circuit affirmed the district court’s

Jacqueline Bushwack and David Richman authored an article in Mealey’s Personal Injury Report, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims.”

Click here to read the article.

We bring you our May Insurance Update.

We begin with three state high court decisions.

Last month, we discussed the Texas Supreme Court’s reaffirmance of the eight corners rule.  This month, the Texas Supreme Court carves out an exception to that rule.

Presented with a certified question involving the significance of “those sums” language on

You’ve heard the adage: Those who fail to plan, plan to fail. Never is that more true than with estate planning.

When you create an estate plan, you choose exactly who gets your assets, how they get them and in what manner you will pass those assets to your loved ones. An estate plan often

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

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