bodily injury Archives

Jun 21, 2012

Mold Revisited

Despite an earlier court decision that has been widely interpreted as holding that landlords in New York (including cooperatives and condominiums) had no liability for alleged bodily injury from mold, the Appellate Division of the New York State Supreme Court for the First Department has issued a decision making clear that the issue remains very much in play. In a memorandum in October of 2006 we advised our cooperative and condominium clients of a Supreme Court decision in the Fraser case[1] which found that then-current scientific evidence did not support a conclusion that mold or damp indoor environments cause illness. … Read more

Dec 2, 2008

Insurance: Prompt Notice of Claims

We have frequently reminded clients of the importance of promptly notifying their insurers of any actual, threatened or possible claims against them. This has been especially important in New York because the New York Court of Appeals has held that an insurer may deny coverage due to late notification, regardless of whether the delay actually prejudiced the insurer. During its 231st session, the New York State Legislature attempted to overrule this case law through legislation. Under an amendment to Section 3420 of the New York Insurance Law, an insurer may now no longer deny a claim for untimely notice unless… Read more