Bienstock PLLC Legal Blog

Blog Posts

Health Officer’s Order Closing Schools Illegal and Unenforceable

On July 31, 2020, the Montgomery County Health Officer issued a “Directive and Orderregarding Private and Independent Schools” without legal authority.

Client Alert: Nursing Homes (and Others) May Need to Provide Immediate Notice of Covid-19 Deaths or Risk Losing Insurance Coverage

Nursing homes and other care facilities face a potential deluge of lawsuits for wrongful death and injury caused by Covid-19.

Healthcare Provider Afforded “Medical Incident” Insurance Coverage For Qui Tam Allegations Against It

False Claims Act allegations are covered “medical incident” claims which the insurer must defend and indemnify, according to a recent opinion by the Fourth Circuit Court of Appeals in Affinity Living Group v. Starstone Specialty Insurance Co.

Calculating Losses for Covid-19 Business Interruption Claims

Much of the analysis concerning Covid-19 business interruption coverage has focused on whether insurers have an obligation to pay – and not on how much they should pay.

Cuomo’s Sex-Abuse Insurance Threats Ineffective

Acting through a New York Department of Financial Services (DFS) circular, Governor Cuomo last Thursday formally threatened New York insurance companies with legal and regulatory consequences if they persist in failing to pay claims newly brought in connection with the Child Victims Act.

Maximizing Insurance Recovery for Newly Re-Opened Abuse Claims

New York and New Jersey recently changed their laws to permit individuals now to bring lawsuits alleging that as children they had been victims of sexual abuse.

Looted-Art Heirs May Find A Sympathetic Forum In NY Courts

After more than two decades, and three rounds of court proceedings, the heirs to Fritz Grunbaum have finally succeeded in recovering Egon Schiele artworks looted during the Holocaust.

Maryland Policyholder Succeeds in Shifting Defense Costs to Insurer

The Fourth Circuit Court of Appeals recently upheld a trial court verdict ordering insurers to pay $87 million to a Maryland-based company to defend lawsuits, even though much of the attorneys’ fees were incurred by an uninsured third party.

“No News” is “Good News” on the Restatement of Consumer Contracts.

The defeat of the proposed Restatement of Consumer Contracts Law is good news for consumers.

Blog Categories

Consumer Protection Blog

The Supreme Court is increasingly empowering unscrupulous companies to take advantage of customer and employees by using forced arbitration clauses. Explore recent efforts to fight back against the use of forced arbitration. If you have been stymied by a forced arbitration clause, please contact us to see if we can help.

Holocaust Art Repatriation Blog

The Nazis war crimes included the systematic looting of priceless art and artifacts. U.S. Courts have offered some relief. Explore recent events in the efforts to repatriate art looted by the Nazis. If you are an heir to artifacts looted during the Holocaust, please contact us to see if we can help.

Insurance Coverage Blog

From cybersecurity to business interruption to professional liability, follow the most recent events in the insurance coverage industry. If your insurer has denied your claim, please contact us to see if we can help.

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