Recent Blog Posts
Defense Strategies for Landlords in Lead Paint Litigation
Lead paint litigation poses significant challenges for landlords in New York, where older housing stock often contains lead-based paint and strict laws impose a host of legal obligations. In many situations, tenants and occupants may bring lawsuits alleging harm due to exposure to lead hazards, including cognitive or developmental issues in children. Defending against… Read More »
Strategies for Resolving Insurance Coverage Disputes Outside of Court in New York
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. By employing effective negotiation strategies and alternative dispute resolution (ADR) methods, parties can often reach a more efficient and mutually… Read More »
New Lead-Based Paint Legislation: Local Law 123 of 2023 Takes Effect September 1, 2024
On September 1, 2024, a significant new law took effect in New York City: Local Law 123 of 2023. This legislation, which addresses lead-based paint hazards, is designed to protect tenants and especially children from the dangers of lead poisoning. As lead exposure continues to be a major public health concern, Local Law 123… Read More »
Proving Causation in New York Toxic Tort Cases
Toxic tort cases in New York present unique challenges for defendants, particularly when it comes to proving or disputing causation. These cases often involve complex scientific evidence, multiple sources of exposure, and intricate legal standards. For insurance companies and businesses facing toxic tort claims, understanding the nuances of causation is crucial to mounting a… Read More »
Defending Against Bad Faith Claims in New York Insurance Coverage Disputes
Insurance coverage disputes can arise for a number of different reasons; when disputes escalate from good faith disagreements to allegations of bad faith, the stakes literally increase exponentially with the introduction of punitive damages as a possible remedy. Defending against these claims requires a strategic approach, a deep understanding of the law, and meticulous… Read More »
New Lead-Based Paint Legislation: Local Law 111 of 2023 Effective June 2024
As of June 2024, New York City property owners and landlords will need to comply with Local Law 111 of 2023, a significant new piece of legislation aimed at reducing lead-based paint hazards. This law is an extension of the city’s ongoing efforts to protect public health, particularly the health of children who are… Read More »
The Role of Policy Exclusions in New York Insurance Coverage Cases
Insurance policies are lengthy and complex. Even attorneys who regularly draft and review contracts and other legal documents are often astounded at the depth of intricate legalese to be found in even a basic liability insurance policy. One of the trickier and yet most important provisions to understand deals with policy exclusions. Exclusions play… Read More »
Understanding New York Lead Paint Laws: A Landlord’s Guide
New York landlords, property managers, and related companies must navigate a complex landscape of legal obligations when it comes to managing their properties. One of the biggest concerns for landlords in New York is lead paint. Given the serious health risks associated with lead exposure, New York has enacted stringent laws to mitigate these… Read More »
Tips for Managing Risk and Avoiding Insurance Coverage Disputes in New York
In the ever-evolving landscape of New York’s insurance industry, risk management is a crucial aspect for businesses and individuals alike. As a New York insurance defense law firm, the Law Offices of Richard A. Fogel, P.C., understands the complexities and challenges that policyholders face. From our perspective as insurance defense counsel, we understand the… Read More »
How Is Chemical Exposure Proven?
Toxic torts (injuries caused by exposure to chemicals and hazardous substances) can be complex cases to prove, and equally challenging to defend. Victims of chemical exposure may suffer from a range of health issues, from minor irritations to severe, life-threatening conditions. For years now, New York courts have defined and refined the test or… Read More »
