Newsroom

State Appellate Courts Are Split

September 29, 2021
Does An Insurer Have An Entitlement to Recoup Defense Costs When No Duty to Indemnify Exists? In a case of first impression for the New York Supreme Court, Appellate Division, Second Department, the court chose not to follow prior decisions of its...

Reinsurance Arbitration Awards — An Uphill Battle?

June 17, 2021
Maintaining Confidentiality When Petitioning for Relief in Court A long-running dispute between Pennsylvania National Mutual Casualty Insurance Company and one of its reinsurers, Everest Reinsurance Company, recently culminated in the unsealing of an...

Same Virus, Different Outcomes

April 27, 2021
State and federal courts across the country are grappling with insurance coverage litigation, as insureds who suffered business losses due to government-mandated shutdowns look to their property insurers for relief. These cases present the following key...

When Should Law Firms Notify Clients About Data Breaches?

January 12, 2021
Much has been written in recent years about lawyers’ duties to preserve the confidentiality of client information under the rules of professional conduct and to take reasonable precautions to strengthen cybersecurity in order to avoid data breaches. ...

When The Damage Is Done

September 25, 2019
Let’s say an instant oatmeal product incorporates a dried milk ingredient that has been manufactured in a facility with unsanitary conditions and that the milk ingredient may be contaminated with Salmonella as a result.  The instant oatmeal product then...

The “Matching” Problem

September 25, 2019
Suppose a pipe bursts in a hotel, causing water damage to an entire floor, and requiring the replacement of that floor’s carpeting.  As it turns out, however, that style and pattern of carpeting is no longer available anywhere.  The hotel insists that...

In Defense Of Bill Cosby

September 25, 2019
If only Clair Huxtable, Esq. were willing to take on Cliff Huxtable’s cases pro bono, maybe William “Bill” Cosby could have avoided the extended legal battle with American International Group, Inc. (“AIG”) over whether it was obligated to defend Mr....

Is My Amazon Echo Spying On My Clients?

September 25, 2019
By Brenda K. Dorsett and Barry R. Temkin* Is my Amazon Alexa spying on me?  Recent years have witnessed the growth and proliferation of voice-activated virtual assistants like the Amazon Echo, with its digital assistant Alexa, Google Home, and Apple...

Can A Grain of Rice Cause Mass Destruction?

December 20, 2018
Technology keeps progressing in leaps and bounds. We read that robots or the much- awaited (or dreaded) artificial intelligence are going to take over property claims work in the All Things Internet New World.  Unfortunately, there is a “dark side” that...

Developments in Real Estate Professional Liability: 2018

December 20, 2018
A. Introduction From causes of action sounding in breach of contract, to improperly earned commissions, to allegations of violations of real estate specific statutes, buyers and sellers have continued to assert claims against real estate professionals,...

“AE” I Owe You?

December 20, 2018
Court decisions concerning flood zones designated by the Federal Emergency Management Agency (“FEMA”) often seem to be like someone is reciting the alphabet.  “A,” “AE,” “B,” “C,” “D,” “V,” “X,” to name a few.  (What happened to E through U are...

Health Republic’s Curious Liquidation: Part 13

August 7, 2018
We thought about skipping Part 13 and going straight to Part 14, but that might confuse readers who don’t suffer from triskaidekaphobia.[1]  Let’s confront this irrational fear and see where the liquidation of Health Republic Insurance of New York, Inc....

Health Republic’s Curious Liquidation: Part 14

August 7, 2018
In Part 13, we addressed the Explanations of Benefits (EOBs) that the Liquidator has been issuing  since August 2017.  We also reviewed the Liquidator’s “partial” audited financial statement for Health Report, a statement that covers the period from May...

Corrosion is Corrosion is Corrosion is Corrosion

November 2, 2017
Corrosion exclusions have been commonplace in first-party property insurance policies for decades, as evidenced by the sheer number of jurisdictions and decisions addressing them.  The exclusion is intended, in part, to prevent a contract of insurance...

I Feel the Earth Move: Subsidence Exclusion Bars Coverage

November 2, 2017
Insurance policies commonly contain an exclusion for losses caused by “earth movement” or “subsidence.”  Such exclusions typically exclude coverage for losses caused by earthquakes, landslides, mudflows, and earth sinking or shifting.  Absent language...

Reinsurance Reserves Found Discoverable

November 17, 2017
In an unusual and noteworthy publicly-reported discovery battle between a cedant and reinsurer, the cedant sought to protect almost twenty years of historical reserving information relating to late notice of asbestos claims against its insured, on...

Health Republic’s Curious Liquidation: Parts 7 and 8

November 2, 2017
For those readers just joining us, in the MCWG Summer 2016 Newsletter, pp. 22-29, we addressed how Health Republic Insurance of New York (Health Republic), New York’s only not-for-profit health insurer formed under the Affordable Care Act (ACA), opened...

Health Republic’s Curious Liquidation: Parts 9-11

November 2, 2017
Parts 9-11 of Health Republic’s Curious Liquidation concerns a January 2016 Roundtable convened by New York State Senators James L. Seward and Kemp Hannon; a December 2016 letter from Senators Seward and Hannon to Department of Financial Services (DFS)...

Health Republic’s Curious Liquidation: Part 12

November 2, 2017
Part 12 concerns a May 8, 2017 Court-ordered proceeding that explored the $7.6 million that Health Republic’s Liquidator spent during the first ten months of the liquidation proceeding — all without Court approval.[1] The proceeding revealed that:...

Sorry for the Delay

July 1, 2017
If you could count on anything, it would be that our partner, Dan Markewich, would spend at least a few minutes at each monthly partner meeting talking about the Mound Cotton Newsletter.  The Newsletter was something he took pride in, often reminding...

The New Cyber Threat – Business Interruption Exposure

July 1, 2017
As more businesses come to realize that cyber attacks pose a serious threat to business operations, revenue streams and contingency planning, the market is starting to expand and develop new products to address business interruption (“BI”) resulting...

Lawyers As Whistleblowers: Recent Developments

July 1, 2017
Several courts recently addressed the issue of whether lawyers may serve as whistleblowers against their former clients when doing so results in the disclosure of confidential client information. The Second Circuit, in Fair Laboratory Practices...