Florida Circuit Judge Bradley G. Harper awarded Mound Cotton’s client a partial dismissal of property damage claims made by an international real estate investment company. Plaintiff alleged that the presence of COVID-19 physically damaged property by...
No Direct Physical Loss or Damage / Contamination Exclusion
Wolverine World Wide v. Zurich American Insurance Company, docket No.: 21 CH 4457 (Circuit Court of Cook County, Illinois, Chancery Division July 21, 2022) On July 21, 2022, Judge Pamela McLean Meyerson of the Circuit Court of Cook County, Chancery...
No Physical Loss or Damage
New Jersey Superior Court Judge Steven Polansky awarded a full dismissal of COVID-19 business interruption claims. The policyholder failed to show that the presence of COVID-19 caused physical loss or damage required to qualify for coverage....
A five-judge panel dismissed $3 million in property coverage claims. Caused by nearby construction, the damage to the policyholder’s building falls under an earth movement exclusion which disqualifies it from coverage. Partner Kevin Buckley,...
A NY judge dismissed coverage claims against Wesco Insurance Co. The ruling aligns with decisions in a growing majority of cases in which plaintiffs are unable to prove that the presence of COVID-19 caused tangible damage to property. Partner Kevin...
Partner Jeffrey Weinstein and associate Samuel Weiss examine the viability in federal circuit courts of the time-sensitive snap removal — a motion to move from state to federal court, made after a plaintiff has filed a case but before they have properly...
This article was published on the PLUS (Professional Liability Underwriting Society) Blog on March 14, 2022. Partner Barry Temkin and Robert Usinger, Esq. co-authored “Choice of Counsel and Policy Erosion for Professional Liability Policies Under...
This Q&A was published in the December 2021 issues of Mealey’s International Arbitration Report and Mealey’s Coronavirus Law Report. Senior Counsel Michael H. Goldstein was on a Q&A panel for Mealey’s International Arbitration Report...
Business Interruption / COVID-19
J. Kleinhaus & Sons, LLC v. Valley Forge Ins. Co., 2021 WL 5909978, No. 21 CIV 2202 (JPC), (S.D.N.Y. Dec. 14, 2021) Plaintiff, a diamond dealer, alleged that due to the pandemic and governmental closure orders, it was only able to conduct limited...
In Raymours Furniture Co., Inc. v. Lexington Insurance Co. et al., No. 655167 2020, 2021 WL 4789148 (N.Y. Supr. Ct. N.Y. Cnty. Oct. 14, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice on the ground that the presence of the...
This article was published in Daily Business Review on October 14, 2021. Partners Wendy Stein Fulton and William Wilson spoke to the Daily Business Review about the firm’s strategy in Florida.
Partner Amy Kallal and Special Counsel Andrea Fort discuss recent cases involving the efforts to obtain access to arbitration awards which are filed as part of petitions to confirm or vacate. Some courts have allowed third-party access to awards just...
This article was published in Law360 on September 21, 2021: “Mound Cotton Adds Ex-Kiernan Trebach Insurance Partner”. Mound Cotton Wollan & Greengrass LLP expanded its Fort Lauderdale, Florida, office this month with the addition of a...
The New York Law Journal published “NY Prompt Pay Act for Construction Contractors,” written by partner Barry Temkin and coauthor Ken Eccleston, on August 10, 2021. This article provides an in-depth discussion of New York’s Prompt Pay Act,...
Partner Michael Koblenz, who represents the buyer in a real estate sale in the Hamptons, commented on the it in The Real Deal. He filed a complaint with the Department of State, alleging gross misrepresentation and exaggeration of the circumstances by...
Presence of COVID-19 is not requisite physical damage
Benny’s Famous Pizza Plus Inc. v. Security National Insurance Company, 2021 NY Slip Op. 31963(U), 2021 WL 2772403 (Sup. Ct. Kings Cnty. July 2, 2021) This case involved a business interruption claim for losses arising out of COVID-19 closures. By...
COVID-19 business income loss / NJ Federal Court
Marilyn’s Kids, Inc. d/b/a Denny’s v. Continental Casualty Company, Civil Action No. 20-8641, 2021 WL 4488598, (D.N.J. June 30, 2021) This case involved a claim for business income losses from COVID-19 under a first-party property insurance policy. The...
Flood exclusion applies / Builder’s Risk
Shea Properties Management Co., et al. v. The Continental Insurance Company, et al., Case No. SA CV 21-00514, 2021 WL 4815208 (C.D. Cal. June 29, 2021) U.S. District Judge David O. Carter dismissed the complaint in a $4.5 million builder’s risk...
This article was published on Law360.com (subscription required) on June 10, 2021, in Insurance Authority, and in the daily Insurance newsletter. It was written by Partner Amy Justine Kallal, Special Counsel Andrea Fort, and associate Andrew Romano. On...
Barry Temkin co-authored “ABA Remote Work Guide Raises Bar For Atty Tech Know-How” in Law360 (subscription required) with Jennifer Goldsmith, vice president of professional liability claims at Ironshore, discussing ABA Ethics Opinion 498, a...
This article was published in the New York Law Journal on January 15, 2021. In addition to a 2018 ABA ethics opinion which outlines when law firms are ethically obligated to notify clients of data breaches jeopardizing the security of their confidential...
This article was originally published in the New York Law Journal on July 20, 2020. Expert Opinion The SEC and U.S. Justice Department are investigating suspicious stock trades made by U.S. Senator Richard Burr in February 2020, which might have been...
On June 30, 2020 registered securities broker-dealers must begin their compliance with new SEC Regulation Best Interest and Form CRS Relationship Summary/Form ADV Part 3, which were announced by the Securities and Exchange Commission on June 5, 2019.[1]...
Partner Matthew Lasky’s article, “Data Protection: Harmonizing Tensions Between the NAIC’s ‘Insurance Data Security Law’ & Traditional Access-To-Records Provisions” was published in the Journal of Reinsurance 2020,...
Partner Barry Temkin was quoted in an article in Investment News, “Finra fines Prudential $1 million over inaccurate retirement-plan information,” discussing FINRA’s recent enforcement action resulting from an inquiry of Prudential...
Partner Barry Temkin’s article about the SEC’s new regulation governing broker-dealers, Regulation Best Interest (Reg. BI), “New ‘Regulation Best Interest’ Becomes Effective for Broker Dealers,” was published in the New York Law...
The article, co-authored with Brenda Dorsett, is about ethical concerns for lawyers who use Amazon Echo and other voice-activated digital assistants. It was published on Friday, May 24, 2019, as an Expert Analysis. Click here to download and read. Click...
The article, “America Has An Opioid Problem: Who’s Going To Pay To Fix It?,” is available in the AIRROC Matters 2019 Spring Issue and The Society of Actuaries. Read the article here.
Partner Lloyd Gura and special counsel Andrea Fort’s article, “Automatization of Underwriting and the Future of the Reinsurance Relationship,” was published in the March 2019 Journal of Reinsurance. New technology and artificial...
U.S. News – Best Lawyers® “Best Law Firms” has ranked law firms in 75 national practice areas and 122 metro practice areas for 2019. Mound Cotton Wollan & Greengrass has been named as a Tier 1 firm in the New York Metropolitan area and in Tier 2...
Barry Temkin discussed whether Michael Cohen committed a crime under New York law when he recorded phone calls he had with President Trump in secret in Law360, “Cohen Tapes Show Broken Attorney-Client Relationship.” (subscription required) ...
Reprinted with permission from the New York Law Journal, Volume 259 – NO. 124 on Thursday, June 28, 2018. To view the article, click here.
Partner Barry Temkin was recently quoted in an article in Investment News about a risk alert sent out by the Securities and Exchange Commission to advisers in regards to the overcharging of clients: “This might be a good opportunity for advisers...
This article series was published by Law360, from June 2016 to February 2018. You can access the full series (Parts 1-14) here (subscription required) or read a PDF of the full series here.
Partner Barry Temkin was recently quoted in an article in Investment News about FINRA’s plan to compile a list of high-risk advisers for additional regulatory scrutiny. “I would be deeply concerned by the existence of some kind of list of...
This article is reprinted with permission from Law360, New York, June 22, 2017.
This article is reprinted with permission from the New York Law Journal, Volume 257—NO. 39, Wednesday, March 1, 2017.
This article is reprinted with permission from Law360, January 26, 2017.
This article is reprinted with permission from Law360, New York, January 23, 2017, Law360.com.
Mound Cotton Wollan & Greengrass congratulates its partner Frank J. DeAngelis on his confirmation as a judge of the Superior Court of New Jersey, Morris County. Frank started his career at Mound Cotton over twenty years ago and has been a valued...
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.
Reprinted with permission from Corporate Disputes Magazine, Jan-Mar 2017 Issue.
This article is reprinted with permission from the December 2016 Plus Journal, Volume XXIX, Number 12.
U.S. News and Best Lawyers have ranked law firms in 74 national practice areas and 122 metro practice areas for 2016. Mound Cotton Wollan & Greengrass has been ranked as a Tier 1 law firm in the N.Y. metropolitan area and in Tier 2 nationally in the...
Jeffrey Weinstein and Jared Markowitz co-authored “REBUTTAL: When Insurance Policies Are Enforced As Written,” published by Law360 on January 26, 2016. This article is reprinted with permission.
Mr. Temkin was quoted on 10/29/2015 in an article titled “Calculating the Hourly Rate of a Federal Agency Lawyer? It’s Complicated.” Commenting on the request of CFTC counsel for court-ordered sanctions against their adversary...
