Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested further briefing to assess whether insurer‐specific MDLs should be created. On October 2, 2020, the Panel determined that it was appropriate to centralize 34 business interruption actions against Society Insurance Company, a regional insurer operating in six Midwestern state...
Read More
A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law. The Case As the court explained in its decision, in April 2014, 1267 Rogers Avenue LLC entered into a lease with the Roman Catholic Church of St. Ignatius of Brooklyn with respect to property at 1267 Rogers Avenue in Brooklyn, New York (the “Rogers property”). Adjacent to and abutting the Rogers property was a four-story school building owned or occupi...
Read More
Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion The Eleventh Circuit, affirming the district court’s departure from Florida’s four corners rule, held that a pollution exclusion barred coverage for a bodily injury claim arising from exposure to construction debris, even though the operative pleading on its face stated a claim within coverage. The court appl...
Read More
New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential co-operative units. After Rice and its subcontractors completed the renovation work, the Tamers complained of a draft so Rice returned and installed…...By: Rivkin Radler LLP
Read More
The New York City Department of Buildings (DOB) previously issued a restart guidance for resumption of construction. Pursuant to the guidance, construction projects subject to permits issued by the DOB, or otherwise regulated by the New York City Construction Codes and the New York City Electrical Code, may proceed provided such projects comply with the Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency issued by New York State. The initial 30-day...By: R...
Read More
Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100% starting on March 22. An...By: Rivkin Radler LLP
Read More
On April 9, 2020, the New York State Empire State Development (ESD) updated its “Guidance for Determining Whether a Business Enterprise is Subject to Workforce Reduction Under Recent Executive Orders” (the “Guidance”)....By: Rivkin Radler LLP
Read More
Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo issued an order requiring all “non-essential” construction in the State of New York to shut down, with the exception of:...By: Rivkin Radler LLP
Read More
In mergers and acquisitions, corporate finance and lending, a period of time often passes between signing the applicable transaction agreement and closing the transaction. During the period when the parties prepare for closing, they are subject to...By: Rivkin Radler LLP
Read More
The impact of COVID-19 on construction and development is evolving each and every day. Issues have arisen, and will continue to arise, with respect to maintaining project schedules, safety concerns, and learning of and complying with the rapidly...By: Rivkin Radler LLP
Read More