Law Offices of Richard A Fogel, P.C.

Learn more about who is covered under a Commercial General Liability (CGL) policy in our latest blog post.

Who is an Insured Under a Commercial General Liability (CGL) Policy? Learn more about who is covered under a Commercial General Liability (CGL) policy in our latest blog post.

When insurance disputes arise (or preferably long before), understanding the different types of Commercial General Liability (CGL) policies is essential. Learn about the difference between occurrence & claims-based CGL policies and the pros and& claims-based CGL policies and the pros and the pros and cons of each.

Types Of Commercial General Liability | NY Insurance Coverage Attorney New York insurance coverage litigation lawyer Richard Fogel explains the difference between occurrence & claims-based commercial general liability CGL policies.

Local Law 1 imposes numerous duties and responsibilities on landlords to identify and remediate lead paint. Failure to follow the law can be costly.

Learn more about the lead paint laws enforced on New York landlords.

What Every New York Landlord Should Know About Lead Paint | Fogel Law New York toxic tort defense attorney Richard Fogel explains important details about Local Law 1 every New York landlord needs to know about lead paint.

Governor Hochul recently signed a law that restricts insurance companies from refusing or adjusting policies based on a policyholder's dogs.

Learn more about these amendments in our latest blog post.

NY Homeowners Insurance & Recent Limitations on Pet Exclusions Governor Hochul recently signed a law that restricts insurance companies from refusing or adjusting policies based on a policyholder's dogs.

Discover how a recent Kings County Supreme Court case limits lead paint liability for landlords.

Learn more about the case in our blog post.

NY Significantly Narrows Lead Paint Potential Liability for Landlord Discover how a recent Kings County Supreme Court case limits lead paint liability for landlords. Get legal insight and guidance for toxic tort claims in NY.

New York's Environmental Conservation law was expanded to address the presence of PFAS effective Dec. 31, 2022. Learn about the new PFAS laws in our blog.

NY's Expanding PFAS Bans | Law Offices of Richard A. Fogel, P.C. Effective December 31, 2022, the statute was expanded to address the presence of PFAS. Learn about the new PFAS laws.

Customers allege smoothie company, Bolthouse Farms deceptively marketed fruit smoothies despite PFAS dangers.

Learn more about the allegations and the PFAS litigation wave.

Smoothie Company Faces Class Action: PFAS Contamination Customers allege smoothie company, Bolthouse Farms deceptively marketed fruit smoothies despite PFAS dangers.

An incredibly unusual insurance claim gained media attention last year.

Learn more about the unusual claim and why the state's high court decided to reverse the coverage decision.

Missouri Supreme Court Overturns STD Judgment Against GEICO A woman filed a multi-million-dollar insurance claim with GEICO after contracting a sexually transmitted disease in a GEICO-insured car.

Of all building violations within the purview of the HPD Code Enforcement Office, those related to lead paint are among the costliest to landlords and building owners.

In our blog, we go over dealing with penalties and fees for "immediately hazardous" lead-based paint violations in New York.

Dealing With Penalties for “Immediately Hazardous” Lead-Based Paint Violations Alleged housing quality and safety violations are classified as either Class A (non-hazardous), Class B (hazardous), or Class C (immediately hazardous).

State attorney generals demand action from Congress as PFAS lawsuits grow nationwide.

In our blog, we discuss the new proposed PFAS legislation and the lawsuits that have arisen to date.

Private & AG-Led PFAS Lawsuits on the Rise | Richard A. Fogel State attorney generals demand action from Congress as PFAS lawsuits grow nationwide. We discuss the PFAS lawsuits that have arisen to date.

NY AG Letitia James recently announced a settlement with a landlord in upstate New York who allegedly exposed residents to lead paint toxins.

New York AG Settles Lead Paint Claim With Syracuse Landlord NY AG Letitia James recently announced a settlement with a landlord in upstate New York who allegedly exposed residents to lead paint toxins.

The case titled Sherwin-Williams Co. v. Certain Underwriters at Lloyd’s London, et al., concerned allegations of lead paint contamination.

Learn more about the case and the decision behind it.

$101M Lead Paint Abatement Order Was "Damages" Per Policy The case titled Sherwin-Williams Co. v. Certain Underwriters at Lloyd’s London, et al., concerned allegations of lead paint contamination

A divided New Jersey Supreme Court came to the opposite conclusion in a recent decision, holding the product manufacturer liable for failure to warn workers about certain hazards even after providing adequate warning to the employer who actually purchased the product.

Learn more about the decision and the case in our blog post.
https://www.rfogellaw.com/state-high-court-sets-low-causation-standard-asbestos-exposure/

State Court Sets Low Causation Standard for Asbestos Exposure A State High Court sets a low causation standard and shifts the workplace safety burden to the manufacturer.

A New York Court elaborates on "expected or intended" damages in the case titled Century Indemnity Co. v. Brooklyn Union Gas Company et al.

Learn more about the conclusions drawn by the court, including its detailed "accidental" damage analysis.
https://www.rfogellaw.com/ny-elaborates-on-expected-or-intended-damages/

NY Court Elaborates on "Expected or Intended" Damages, Commercial Coverage Issues A New York Court elaborates on "expected or intended" damages in the case titled Century Indemnity Co. v. Brooklyn Union Gas Company et al.

A New York Court finds being aware of a "significant risk" does not constitute "expected or intended injury" in a liability policy.

Learn more about the case and the ruling in our blog.
https://www.rfogellaw.com/narrow-interpretation-of-expected-intended-injury-liability-policy/

Court Holds to Narrow Interpretation of "Expected or Intended Injury" A New York Court finds being aware of a "significant risk" does not constitute "expected or intended injury" in a liability policy.

A recent decision from the New York Court of Appeals sets a higher standard of causation for a toxic tort case, Nemeth v. Brenntag North America, et al.

Learn more about the case and the Court's opinion in our blog post.
https://www.rfogellaw.com/ny-court-sets-high-bar-for-causation-in-toxic-tort-cases/

NY Court of Appeals Sets High Bar For Causation in Toxic Tort Cases A recent decision from the New York Court of Appeals sets a higher standard of causation for a toxic tort case, Nemeth v. Brenntag North America, et al.

Many companies face class-action suits alleging that though their products are advertised as “clean” and “natural,” they actually contain harmful PFAs.

Learn more about a couple of the more prominent cases announced to date.
https://www.rfogellaw.com/next-wave-of-toxic-tort-pfas-and-cosmetics/

The Next Wave of Toxic Tort Class Actions: PFAS and Cosmetics Many companies face class-action suits alleging that though their products are advertised as “clean” and “natural,” they actually contain harmful PFAs.

CIDA added a number of discovery requirements for parties in lawsuits pertaining to their insurance coverage.

Learn more about the newly signed law and the new discovery requirements for insurance coverage lawsuits.
https://www.rfogellaw.com/ny-lessens-cplr-3101f-cida-disclosure-requirements/

New York Lessens CPLR 3101(f) “CIDA” Disclosure Requirements On December 31, 2021, Governor Hochul signed into law the CIDA as CPLR 3101(f). It added a number of discovery requirements for insurance coverage lawsuits.

A New York federal court requires disclosure of the insurer's communication with an attorney concerning a claim investigation.

Read our blog to learn more about the court's ruling.
https://www.rfogellaw.com/ny-court-requires-disclosure-of-insurer-communication-with-attorney/

Court Deems Insurer’s Communications With Outside Counsel to be Nonprivileged A New York federal court requires disclosure of the insurer's communication with an attorney concerning a claim investigation.

The Supreme Court is considering whether to grant certiorari in the Roundup toxic tort cases.

Learn about the proposed amendments and the issue that arose in the Roundup weedkiller cases.
https://www.rfogellaw.com/evidentiary-rules-committee-consider-expert-witness-standard/

Evidentiary Rules Committee Consider Expert Witness Standard The Supreme Court is considering whether to grant certiorari in the Roundup toxic tort cases. This is in regards to the Federal Rule of Evidence 702.

On December 31, 2021, Governor Hochul signed the Comprehensive Insurance Disclosure Act (CIDA) into law.

Insurance companies and defense attorneys are not pleased with the new law. Learn why this is what the signed act entails.
https://www.rfogellaw.com/ny-governor-signs-cida/

NY Governor Signs the Comprehensive Insurance Disclosure Act (CIDA) On December 31, 2021, Governor Hochul signed CIDA into law. CIDA was passed allegedly to reduce the use of “delay tactics” of providers.

Many buildings in New York were damaged or destroyed by Hurricane Ida. Mayor de Blasio offered a measure of relief for property owners by way of an executive order.

Learn more about the executive order and the state of asbestos litigation in our blog.
https://www.rfogellaw.com/nyc-mayor-waives-asbestos-fees-after-hurricane-ida/

New York City Mayor Waives Asbestos Fees After Hurricane Ida On September 7, 2021, NYC Mayor Bill De Blasio signed an order that grants the DOB and the DEP the capacity to waive fees connected to the storm.

A recent decision from the federal appeals court governing New York may lead to significant liability for major chemical manufacturer DuPont.

Learn more about the case in our blog.
https://www.rfogellaw.com/chemical-company-toxic-tort-expert-erroneously-excluded/

Chemical Company Faces Toxic Tort Trial After Court Rules Expert Erroneously Excluded The US Court of Appeals recently dealt a significant blow against DuPont. They overturned the trial court’s decision to exclude an expert and dismiss the case.

In our blog, we discuss another in a line of cases that appears to limit the plaintiff’s burden and allow for significant damages without much in the way of direct causal evidence.

Continue reading about the case.
https://www.rfogellaw.com/low-bar-set-specific-causation-evidence-toxic-tort/

NY Court Sets Low Bar for Specific Causation Evidence in Toxic Tort Cases Fourth department finds proof of some exposure is sufficient to show causation in Stock v. Air & Liquid Systems Corp.

Non-assignment clauses are not enforceable with regard to pre-assignment losses as witness in case, Certain Underwriters at Lloyd’s v. AT&T Corp.

Learn more about the case and non-assignment clauses in insurance policies.
https://www.rfogellaw.com/non-assignment-clauses-in-insurance-policies/

Are Non-Assignment Clauses in Insurance Policies Enforceable? Non-assignment clauses are not enforceable with regard to pre-assignment losses as witness in case, Certain Underwriters at Lloyd’s v. AT&T Corp.

New York courts understand that COVID-19-related closures do not constitute actual physical losses for the purposes of business interruption insurance.

Learn more about a recent case regarding a business interruption lawsuit and COVID-19.
https://www.rfogellaw.com/ny-courts-rule-for-insurers-in-business-interruption-cases/

NY Courts Continue to Rule for Insurers in Business Interruption Cases In Office Solution Group, LLC v. National Fire Ins. Co. of Hartford, NY federal court dismisses the coronavirus business interruption claim.

In a homeowner case titled McAleavey v. Chautauqua Patrons Ins. Co., the courts find plaintiffs lack of care was unreasonable as a matter of law.

Learn why this is the case in our blog.
https://www.rfogellaw.com/defining-reasonable-care-in-property-insurance/

Defining “Reasonable Care” in a Property Insurance Claim | Richard Fogel In a court case, the courts find plaintiffs lack of care was unreasonable as a matter of law. Learn why this is.

Suing individual companies for conducting legal business within the bounds of state and federal law is not one of those steps.

NYC found that out the hard way recently when an attempted environmental tort lawsuit was shut down by the NY Federal Court
https://www.rfogellaw.com/ny-court-throws-out-climate-change-tort-lawsuit/

NY Federal Court Throws Out Climate Change Tort Lawsuit | Richard Fogel The city of NY attempts to sue oil companies for climate change, but courts toss the gate. The case did not make it very far.

Richard A. Fogel was recently featured in an article discussing a $346,000 fine leveled against Legoland New York for environmental violations related to stormwater runoff and petroleum spills at its soon-to-open location in the Hudson Valley. Mr. Fogel was interviewed regarding petroleum spill and stormwater runoff liability in New York under applicable state and federal laws. You can read the article here:
https://www.lawcommentary.com/articles/new-york-fines-legoland-346000-just-weeks-before-they-open

New York Fines Legoland $346,000 Just Weeks Before They Open | Law Commentary Stormwater contamination and underground storage tank spills are among dozens of environmental violations committed by theme park developers. Three dozen environmental violations resulted in an agreement between Legoland and New York State that Legoland must pay a fine of $346,000. The Department of...

New York City HPD Annual Property Registrations Include New Lead Paint Questions And Hotels Are Also Required To Respond

New York City HPD Annual Property Registrations Include New Lead Paint Questions and Hotels Are Also Required to Respond As previously reported on my website, Local Law 1 of 2004, 27 NYC Admin Code 2056.1 et seq., was amended effective February 2021 to broaden the lead paint statute in New York City from multiple dwellings (3 or more units) to all rental units regardless of size. The amendments also tightened record k...

Richard A. Fogel was recently featured in an article discussing how recent court opinions differ regarding insurance policy coverage for business interruption losses related to COVID-19 shutdowns or restrictions.

You can read the article here: https://www.lawcommentary.com/articles/court-decisions-differ-on-insurance-policy-coverage-of-covid-related-business-interruption-losses

Court Decisions Differ on Insurance Policy Coverage of COVID-Related Business Interruption Losses | Law Commentary As the Eighth Circuit hears oral argument, the country is teeming with court cases and related legislation at all levels of government. While the nation’s death toll has reached over 567,000, another frightening statistic demonstrates that human lives are not COVID-19’s only casualties. Small bu...

Insurance companies often claim that fraud is not covered by liability policies.

The case title RSUI v. Murdock addresses fraud liability coverage and the recent decision regarding it.
https://www.rfogellaw.com/fraud-liability-insurance-coverage-rsui-v-murdock/

Fraud Liability May Be Covered by Insurance | Richard A. Fogel RSUI v. Murdock concerns a Directors' & Officers' (D&O) excess liability policy where courts find that fraud liability should be covered.

In our earlier post, we addressed some confusion around whether the grace period amounted to a “toll” or a “suspension” of the statute of limitations.

A New York Court of Claims judge recently made a definitive finding on the matter.
https://www.rfogellaw.com/toll-vs-suspension-debate-eo-202-8/

New York Judge Resolves “Toll” vs. “Suspension” Debate Over EO 202.8 A NY Court of Claims judge recently found that the Executive Order unequivocally amounts to a toll for commencement and service of civil claims

With the coronavirus pandemic, the number of fraudulent insurance claims has doubled from a normal year.

Learn more about this statistic and why that is in our blog post.
https://www.rfogellaw.com/coronavirus-uptick-insurance-fraud/

Coronavirus Leads to Uptick in Claimed Insurance Fraud | Richard A. Fogel According to a report on fraud, respondents estimate that upwards of 18 percent of 2020 insurance claims contained an element of fraud.

During the COVID-19 pandemic, Governor Cuomo issued an executive order pausing the statute of limitations for civil claims.

The nearly eight-month pause was finally lifted in November. Learn more about how this may affect your liability.
https://www.rfogellaw.com/pi-statute-of-limitations-lifted-ny/

NY Lifts Grace Period on Statute of Limitations for Personal Injury Claims During COVID-19, Governor Cuomo issued an order pausing the statute of limitations for civil claims. The pause was finally lifted in November

Congratulations Richard A. Fogel for being profiled in Best’s Recommended Insurance Attorneys for over two decades!
http://claimsresource.ambest.com/search/CompanyDisplay.aspx?dpid=29822&nid=1

From what we've seen, insurers have had the advantage in court more often than not. However, even with more wins, experts estimate that the pandemic will have a huge toll on the insurance industry.

Learn more about business interruption litigation.
https://www.rfogellaw.com/insurers-prevailing-in-covid-19-business-interruption-cases/

Insurers Prevailing in Most COVID-19 Business Interruption Litigation Many cases have been dismissed based purely on policy language in the early stages, before costly discovery and other processes have begun.

UTA Brings $150M Lawsuit Against Insurer for Coronavirus Losses

United Talent Agency (UTA) recently filed a lawsuit against insurance providers Vigilant and Federal insurance for denying coverage.

Learn more about the case where UTA alleges millions lost due to the pandemic.
https://www.rfogellaw.com/talent-agency-coronavirus-loss-insurance/

rfogellaw.com United Talent Agency (UTA) recently filed a lawsuit against insurance providers Vigilant and Federal insurance for denying coverage.

Talcum Powder Verdict Against Johnson & Johnson Cut in Half

In a talcum powder verdict against Johnson & Johnson, the award was knocked down from $4.14 billion to $2.12 billion.

Learn why the verdict against Johnson & Johnson was cut in half after appealing the verdict.
https://www.rfogellaw.com/talcum-powder-verdict-johnson-and-johnson-cut-in-half/

rfogellaw.com Johnson & Johnson appealed the talcum powder verdict, arguing that there were flaws with the trial. An appeals court recently upheld the verdict.