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Damages Beyond the Policy Limits
The New York Court of Appeals recently rendered two important insurance coverage decisions in Bi-Economy Market, Inc. v. Harleysville Insurance Co. of New York, No. 14, slip op. (N.Y. Feb. 19, 2008) ('Bi-Economy') and Panasia Estates, Inc. v. Hudson Insurance Co., No. 15, slip op. (N.Y. Feb. 19, 2008) ('Panasia') that are certain to have a dramatic effect on the relationship between New York policyholders and their insurers.
Prior to the recent pronouncement by the Court of Appeals in Bi-Economy and Panasia, New York law was somewhat unsettled regarding whether a policyholder was entitled to recover damages in excess of the stated limits of the policy. But, for the first time, in Bi-Economy and Panasia, the New York Court of Appeals recognized the viability of policyholders' claims for consequential damages in excess of the stated limits of the insurance policy. And while New York has historically been viewed by some as a less progressive jurisdiction for policyholders, several
New York decisions, including, the Appellate Division, First Department's, decision in Acquista v. New York Life Insurance Co., 730 N.Y.S.2d 272 (App. Div. 1st Dep't 2001), and Eurospark Industries, Inc. v. Massachusetts Bay Insur- ance Co. (In re Eurospark Industries, Inc.) 288 B.R. 177 (Bankr. E.D.N.Y. 2003), set the stage for the Court of Appeals' decisions in Bi-Economy and Panasia. Taken together, Acquista, Eurospark, Bi-Economy, and Panasia offer important lessons on how policyholders should plead their cases against recalcitrant insurance companies and should go a long way toward changing the manner in which insurance companies respond to their policyholders in New York.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.