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...
Air Master & Cooling, Inc. v. Selective Insurance Company of America: New Jersey Appellate Court Addresses Trigger of Coverage Issues for Progressive Construction Defect Losses
November 2, 2017
The state of the law across the U.S. regarding insurance for construction defects under commercial general liability (CGL) coverage is an ever-changing landscape. Although numerous coverage issues continue to be debated, including the fundamental issue...
November 2, 2017
Property insurance policies, like other insurance policies, contain an overall limit of liability, which is the maximum amount that the insurance company will pay for any given loss. In addition to an overall limit, policies may also contain...
Addressing the Rights of Addicts and Alcoholics in the Workplace under the Americans with Disabilities Act
October 11, 2017
The opioid crisis has focused attention on workplace substance abuse like never before. In August, President Trump declared the opioid crises “a national emergency,” the likes of which “this country has never seen before.” State and federal political...
October 1, 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...
August 23, 2017
Insurance issues often influence the outcome of securities arbitrations and mediations, yet the workings of errors and omissions insurance is not fully understood by many lawyers, arbitrators and mediators. In fact, insurance information is generally...
July 1, 2017
It is an unfortunate fact of life for insurers and insurance coverage defense attorneys that courts often lean the insured’s way in matters of policy interpretation. This axiom also carries through in many jurisdictions when insurers accuse the insured...
MCWG partners Philip Silverberg, William Wilson and associate Andrew Rice co-authored “Why The Corrosion Exclusion Remains Strong: Part 1 and Part 2”
June 23, 2017
This article is reprinted with permission from Law360, New York, June 22, 2017.
June 14, 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...
May 17, 2017
Lawyers who maintain active social media presences should be aware of two recent opinions by ethics committees in New York discussing the extent to which lawyers’ postings on the social media page LinkedIn constitute attorney advertising in New York. ...
March 6, 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...
February 28, 2017
This article address whether, under New York law, a commercial general liability (“CGL”) insurer would be liable for its insured’s breach of contract if the insured botches a building renovation resulting in foul odors permeating the building so much so...
Partner Costantino Suriano co-authored “Judgment Is Within Policy Limits But Insurer Believes Part Is Outside Coverage” – New York Law Journal
February 18, 2017
This article is reprinted with permission from the New York Law Journal, Volume 257—NO. 39, Wednesday, March 1, 2017.
Partners Costantino Suriano and Daniel Markewich co-authored an article titled: “When Pervasive Foul Odors Constitute Property Damage”
January 26, 2017
This article is reprinted with permission from Law360, January 26, 2017.
Partners Costantino Suriano and Daniel Markewich co-authored an article titled: “Are Contractually-Agreed Prevailing Party Attorney Fees Covered Under a CGL Policy?”
January 10, 2017
This article is reprinted with permission from the January 10, 2017 issue of New York Law Journal © 2017 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
Partner Barry Temkin co-authored an article titled: “New Cyber Security Regulations Promulgated by New York’s Department of Financial Services”
January 5, 2017
Reprinted with permission from Corporate Disputes Magazine, Jan-Mar 2017 Issue.