Legal News & Notes
Is a Landlord Required to Foresee a Targeted Attack….Maybe?
In Scurry v. NYCHA and Murphy v. NYCHA, the Court of Appeals considered the duty of an owner—NYCHA—where an injured party was injured by a third party’s criminal attack. The Court found general negligence principles apply to cases in which a tenant injured by a third party’s criminal attack,...
The Court of Appeals Broadens What Can Be Considered ‘Routine’ Work
In Healy v. EST Downtown, LLC, the Court of Appeals reversed the Appellate Division,
In a ‘Shocking’ Decision the Court of Appeals Finds Question of Fact when Plaintiff Is Propelled Off a Ladder
In Cutaia v, The Board of Mgres of the 160/170 Varick St., plaintiff was working on a
The Court of Appeals Concludes the Plaintiff Does Not Get a Second Bite at The Apple
In Bonczar v. American Multi-Cinema, Inc, plaintiff fell from a ladder while retrofitting a fire-alarm
Court Expands Exposure Under Additional Insured Endorsement
Claimant was injured while using a third-floor elevator while working for Bed Bath & Beyond. The claimant commenced an action against the owner for his personal injuries.
Claim Notes Are Discoverable in Dispute Over Additional Insured Coverage
In a discovery dispute between two insurers, the Eastern District ruled that a party seeking additional insured coverage may, in fact, seek disclosure of claim notes if the notes “likely” include discussion as to why coverage was denied, why the contract does not provide for coverage and why the...
New York Creates Uncertainty For Insurers With The ‘Comprehensive Disclosure Act’
Just before New Year’s, the Governor gifted litigators, practitioners and the entire insurance industry with a signed a bill that greatly expands current disclosure requirements by revising CPLR § 3101(f) and adding a new § 3122-b.
Bad Faith and Business Law Section 349 Claims Survive Motion to Dismiss
Not only was the defendant insurer precluded from deducting prior payments made to the insured toward the claim, the insurer also faces the potential of extra-contractual damages.
New York State Court Rules that Business Interruption Claims due to Government-mandated Closures are Not Covered by Property Insurance
For nearly a year, Covid-19 Business Interruption lawsuits have been at the forefront of the insurance industry. Insurers, businesses, and their counsel have closely watched as courts across the country considered whether business interruption claims due to government-mandated closures are...
New York Courts Beginning to Define “Substantial Business Presence”, Triggering Out-of-State Insurers’ Duty to Comply with N.Y. Ins. Law §3420
Out-of-state insurers confronted with an argument that a disclaimer was late under New York Ins. Law 3420(d)(2) were quick, and right, to look to the statutory requirement that the policy be “issued for delivery” to avoid the consequences of failing to timely disclaim coverage.