Law Offices of Richard A Fogel, P.C.

Insurance policies are dense and complex, filled with industry-specific terminology that can lead to disputes between policyholders and insurers. What happens when a provision can be read more than one way?

Learn how New York courts interpret ambiguous insurance policy language.

How New York Courts Interpret Ambiguous Insurance Policy Language New York insurance coverage dispute lawyer Richard A. Fogel discusses legal principles & case precedents on how NY courts interpret ambiguous policy language.

As a New York landlord, you are probably well aware of your duties and responsibilities under Local Law One and other laws. Doing everything right doesn’t always keep you from getting sued though. Other than picking up the phone and calling a lawyer right away, how else should you handle a lead paint lawsuit?

See our step-by-step guide for New York landlords facing lead paint litigation.

How to Handle a Lead Paint Lawsuit | Step-by-Step Guide for Landlords New York toxic tort & environmental law defense attorney Richard A. Fogel discusses how to handle a lead paint lawsuit with a step-by-step guide for landlords.

A common provision in any insurance policy is the requirement for insureds to notify their insurer of a claim or occurrence as soon as practicable. Timely notice is a condition precedent to coverage, and failure to provide it can allow the insurer to disclaim coverage.

Learn about the role of timely notice in New York insurance coverage litigation.

Role of Timely Notice in New York Insurance Coverage Litigation Cases New York Insurance coverage litigation defense lawyer Richard Fogel discusses the importance of timely notice in coverage disputes & consequences of late notice.

Local Law 1 and other laws require landlords to notify tenants, ascertain whether children under six live in the building, inspect for lead paint annually, and expeditiously remediate any lead paint hazards. Failure to comply can lead to legal liability, but landlords still have the right to defend themselves in court.

Learn about effective defense strategies for landlords in lead paint litigation.

Defense Strategies For Landlord In New York City Lead Paint Litigation New York toxic tort defense attorney Richard A. Fogel discusses effective defense strategies for landlords involved in lead paint litigation in their buildings.

Insurance coverage disputes can be complex, time-consuming, and costly, especially when litigated in court. Fortunately, there are several strategies that policyholders and insurers can utilize to resolve these disputes outside of a courtroom setting.

Learn about methods such as mediation, arbitration, and early neutral evaluation to resolve your insurance coverage dispute out of court.

Resolving Insurance Coverage Disputes Outside Of Court In New York New York insurance coverage litigation attorney Richard A. Fogel discusses strategies for resolving coverage disputes out of court like mediation or arbitration.

It’s September, and Local Law 123 of 2023 is now in effect. This law imposes new inspection, record-keeping, and reporting requirements on New York property owners and landlords.

Learn about the new lead-based paint legislation in New York City.

New Lead-Based Paint Legislation Hits New York | Local Law 123 of 2023 New York lead paint & toxic tort defense attorney Richard A. Fogel discusses the requirements of Local Law 123 of 2023, which went into effect September First.

When bad faith claims get injected into an insurance coverage dispute, the stakes literally increase exponentially with the introduction of the specter of punitive damages. Defending against these claims requires a strategic approach, deep understanding of the law, and meticulous attention to detail.

Learn some key elements to defending against bad faith claims in New York insurance coverage disputes.

Defending Bad Faith Claims in NYC Insurance Disputes New York insurance lawyer Richard A. Fogel discusses defending against bad faith claims in NYC insurance disputes.

There’s a new law in town that just went into effect, and it concerns NYC landlords who must inspect common areas for lead-based paint with X-ray fluorescence when inspecting a dwelling unit. Presence of lead paint in a common area where a child under six resides will be a Class C immediately hazardous violation.

Learn about Local Law 111 of 2023 and the new requirements imposed on New York City landlords.

New Lead-Based Paint Law | Local Law 111 of 2023 Effective June 2024 New York toxic tort defense attorney Richard A. Fogel discusses Local Law 111 of 2023 with new requirements for lead-based paint inspections starting June 2024.

Insurance policies are lengthy and complex, and they can be difficult to fully understand. One key provision every insurer and insured should be well-versed in is what exclusions are included in the policy. Better to know now than when a potential claim arises.

Learn about the role of policy exclusions in New York insurance coverage litigation.

The Role Of Policy Exclusions In New York Insurance Coverage Litigation New York insurance coverage litigation lawyer Richard A. Fogel discusses the role of policy exclusions in toxic torts & other New York insurance coverage cases.

If you are a New York City landlord, hopefully you are well-acquainted with Local Law 1 and requirements to inspect and remediate lead paint hazards. The consequences can be dire if you aren’t.

Learn about New York lead paint laws for landlords in NYC.

Landlord Guide To New York Lead Paint Laws | Toxic Tort Defense Lawyer New York toxic tort defense attorney Richard A. Fogel provides a landlord’s guide to understanding New York’s lead paint laws, including Local Law One in NYC.

Understanding your policy & communicating effectively are just a couple of ways you can help avoid winding up in litigation over coverage in a toxic tort or environmental claim.

Learn some tips for managing risk and avoiding insurance coverage disputes in New York.

Avoiding Insurance Coverage Disputes | New York Insurance Defense Lawyer New York insurance defense lawyer Richard A. Fogel provides tips to manage risk & avoid insurance coverage disputes & toxic tort & environmental law litigation.

Toxic tort cases can be hard for plaintiffs to prove and hard for defendants to defend against. A key element in any case is proving whether the exposure occurred in sufficient quantity to cause the alleged harm.

Learn how chemical exposure is proven in toxic tort cases.

How Is Chemical Exposure Proven | New York Toxic Tort Defense Attorney New York toxic torts defense attorney Richard A. Fogel explains what it takes to prove chemical exposure & liability under Parker v. Mobil Oil & its progeny.

Penalties for lead audit violations start at $250 per day and can accumulate to $10,000, and even a single violation of some orders can be as high as $5,000.

Learn about NYC HPD lead audits & the consequences of violations.

HPD Lead Audit Violations & Consequence | NY Toxic Tort Defense Lawyer New York City lead paint & toxic tort defense attorney Richard A. Fogel discusses HPD lead audits & consequences for landlords of violations & specific orders.

If you let building code violations go unrepaired, HPD might hire contractors to make the repairs for you… and send you the bill.

Learn about NYC’s Emergency Repair Program and how to object to charges under the EPR.

New York City Emergency Repair Program | New York Toxic Tort Defense New York toxic tort defense lawyer Richard A. Fogel provides an overview of New York City’s Emergency Repair Program & explains how to object to ERP charges.

As a New York City landlord, the last thing you want is to be selected for inclusion in the Housing Preservation & Development’s Alternative Enforcement Program. Learn how landlords get chosen for AEP, what it means if you do get selected, and how to avoid getting picked in the first place.

What Landlords Need To Know About The Alternative Enforcement Program New York City toxic tort defense lawyer Richard A. Fogel discusses what landlords need to know about the Alternative Enforcement Program run by the NYC HPD.