Overlapping Coverage, Divergent Case Law
August 26, 2009
Overlapping insurance coverage raises complicated issues for insurers, insureds, and the courts. This article discusses certain tensions among New York cases discussing "other insurance" in the duty to defend context, as brought to the fore by two recent decisions of the First Department of the New York Supreme Court, Appellate Division.
Insurers' Bad Faith Refusals
August 26, 2009
The Supreme Court of Georgia recently held in <i>Trinity Outdoor, LLC v. Central Mut. Ins. Co.</i> that an insured for which the insurer is providing a defense does not have a claim for an alleged bad faith failure to settle prior to the entry of an excess judgment.
Electronic Medical Records
August 26, 2009
Recently, physicians and other health care providers have been inundated with information regarding electronic medical records ("EMR"). However, it is believed that the vast majority of health care transactions are still taking place on paper.
NY Tax Law May Have Far-Reaching Effects
August 25, 2009
Franchisors and franchisees will be heading into uncharted territory in New York state when a new law takes effect in December 2009 requiring that every franchisor must provide the Department of Taxation and Finance with contact information and extensive sales and tax data about each franchisee that is operating in the state.
Case Notes
August 25, 2009
Recent rulings of interest to you and your practice.
Practice Tip: A Primer on Preserving Statute of Repose Defenses
August 25, 2009
From the first year of law school, attorneys know that one of the first things they must determine when responding to a complaint is whether the claims are time-barred, either by an applicable statute of limitation, or statute of repose.
Proactive Preparation of Defense of Post-Recall Litigation
August 25, 2009
After a pharmaceutical or medical device manufacturer initiates a recall, its duties pursuant to FDA laws and guidelines do not end there. The FDA has set out certain responsibilities and steps that a manufacturer must or should follow after initiating a recall. Pharmaceutical and medical device manufacturers, however, can effectively combine their post-recall duties and responsibilities with a proactive preparation of a defense of potential litigation.
In the Spotlight: Remediation Provisions in the Era of Deed Restrictions
August 25, 2009
The ever-evolving nature of environmental law often presents landlords with a minefield of problems in their ability to pass cleanup costs onto their tenants. Landlords can and should take special precautions when drafting environmental remediation provisions in their leases to best position themselves in this uncertain climate.
