Jaspan Schlesinger LLP

It goes without saying that many businesses have been devastated by the impact of the shelter-in-place orders imposed after the COVID-19 pandemic began. Yet every judge presiding over a business interruption coverage case must decide the matter based upon guiding legal principles, not the emotional response one has for business owners economically pummeled by these events. In that vein, based upon the policy language at issue and facts alleged in plaintiff’s complaint, the District Court…
In my previous blog article, Late and Out of Luck, I recently explained that New York law imposes strict requirements on insurance companies to “timely disclaim” coverage under a liability policy issued or delivered in the state [1] and that the measure of “timeliness” has been interpreted by New York courts to run from the time the insurer is put on notice of the underlying accident, not from the time the insurer receives a…
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law. The Act mandates that employers provide 100% of an eligible employee’s cost of continuing group health coverage under Consolidated Omnibus Budget Reconciliation Act (“COBRA”) for the period of April 1, 2021 through September 30, 2021. Employers that pay such COBRA continuation coverage will receive tax credits from the federal government. On April 7, 2021, the U.S. Department…