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).

By

There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to inventory or production of those products to use the supply shortage as a business opportunity, business owners should proceed with caution

Last week, the Supreme Court of the United States issued a decision in Kelly v. United States[1] that limits federal prosecutors’ ability to seek criminal charges for public corruption.

The Kelly case concerns the 2013 “Bridgegate” scandal that resulted in the prosecutions of Bridget Kelly, Deputy Chief of Staff to former New Jersey Governor Chris

False Claims Act, Medical Necessity and Government Regulation of Medicine

In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals

The Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) is a federal economic relief package for American workers and families. It provides for payments of up to $1,200 to individuals ($2,400 for married couples) with additional payments of up to $500 for each eligible child. Financial eligibility for these payments is based

North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue

A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) had standing to assert breach-of-fiduciary duty claims under ERISA against a third party health insurance administrator for the plan.

The United States Department of Justice (DOJ) announced that it had reached an agreement with Blue Bell Creameries of Brenham, Texas, to permit the company to plead guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the federal Food Drug and Cosmetic Act and pay a criminal fine and forfeiture amount

Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to make sure that they do not end up in their own perilous financial situation.

Indeed, you

On May 4, 2020, the United States Supreme Court heard its first ever telephonic oral argument in its history. The case, styled United States Patent and Trademark Office v. Booking.com, B.V., addressed the issue of whether the addition of “.com” to an otherwise generic term can create a protectable trademark. Erica Ross, an Assistant to

Michael Cannata and Frank Misiti’s article, “Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?” was published in the May 2020 CLM Magazine.

The CLM, a member of The Institutes, is dedicated to meeting the professional development needs of the claims and litigation management industries. Founded in 2007, the CLM membership benefits from our