Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient,

Alan Rutkin’s article entitled, “Cyber Health,” has been published in the February 2018 issue of Best’s Review magazine. The article shows how most cyber coverage cases concern one or more of the following issues:  authority, causation, act and injury – ACAI.

Click here to read the article.

Best’s Review:  February 2018. Copyrighted A.M. Best Company,

More and more businesses are being sued by visually impaired individuals who claim that they cannot access or use their websites, in violation of Title III of the Americans With Disabilities Act (the ADA), 42 U.S.C. §12181 et seq., which prohibits discrimination on the basis of disability in the activities of “places of public accommodations,”

Ian Linker was published in Mealey’s Litigation Report: ERISA in a commentary piece entitled, “To Fee, Or Not To Fee. That Is The Question: In Certain Cases, Arbitrating ERISA Benefits Cases May Enable Plan Fiduciaries To Avoid Paying Plaintiffs’ Attorney’s Fees.”

To read the article click here.

We bring you our February Insurance Update.  In this month’s issue:

• The Eighth Circuit considers if the “particular part” exclusion bars coverage for damage to an electrical transformer;
• A Pennsylvania federal judge determines whether a homeowners’ policy covers the costs to clean up a heating oil spill in the home’s basement;
• A Florida federal

California Federal District Court Determines “Document in Force”

As an employee of NetApp, the plaintiff participated in the company’s long-term disability (LTD) plan, an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). NetApp was both the plan sponsor and plan administrator. The plaintiff’s job title with NetApp was

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2017.

New York Insurance Coverage Update — Compilation 2017

New York based bank, insurance and financial service businesses face a February 15, 2018 deadline to submit their compliance certification to the State’s Department of Financial Services (DFS).

New York’s Cybersecurity Regulation (23 NYCRR Part 500) was issued by DFS last March – the first such state regulation in the nation. The Regulation includes various

General Contractor Obtains Additional Insured Coverage Under Policy Issued To Subcontractor That Was “Proximate Cause” Of Damage

A fire occurred on the Throgs Neck Bridge while the roadway deck was being replaced. The general contractor sought additional insured coverage under an insurance policy issued to its subcontractor and maintained that the fire damage was “caused,

The Appellate Division, First Department recently reversed the trial court’s decision granting summary judgment on liability in favor of the legal malpractice plaintiff and dismissing the defendant law firm’s counterclaims for legal fees.

In Genesis Merchant Partners, L.P. v. Gilbride, Tusa, Last & Spellane, LLC, the plaintiffs, who are related venture capital firms, sued the

It has been a frigid start to the new year, but insurance remains a hot topic with the courts.  In this month’s Insurance Update:

• The Florida Supreme Court decides whether a statutory presuit notice process is a “suit”;
• The Connecticut Supreme Court provides guidance on when a claim arises out of a business pursuit;

The Appellate Division, First Department recently held that a legal malpractice action could withstand a law firm’s motion to dismiss the claim on the grounds that plaintiff failed to plead the “but for” causation element of the claim, reversing the trial court’s dismissal.

In Macquarie Capital (USA) Inc. v. Morrison & Foerster LLP, Supreme Court,

Recognizing that texting has become a valuable and essential means of communication among providers, the Centers for Medicare and Medicaid Services (CMS) recently issued new guidance regarding its position on texting of patient information. The guidance clarifies that texting patient information may be permissible if certain security standards are met, but it also distinguishes between

Release Did Not Bar Injured Worker from Bringing FMLA Claims Against Former Employer, Third Circuit Rules

The plaintiff in this case alleged that he was injured on or about August 12, 2014 while working as an employee of Boscov’s Inc. at a farmers’ market in Reading, Pennsylvania. The plaintiff immediately filed a worker’s compensation

Twenty-five years ago, in Riordan v. Nationwide Mutual Fire Ins. Co., 977 F.2d 47 (2d Cir. 1992), the U.S. Court of Appeals for the Second Circuit ruled that New York General Business Law §349—one of the most powerful consumer fraud provisions of New York law—was applicable to insurance companies’ interactions with policyholders. In Riordan, the