Legal Alerts

Insurance Coverage Member Lee S. Siegel was quoted in the May 5, 2022 Law360 article, "NYC Hotel Wants 2nd Circ. To Revive Virus Coverage suit" by Eli Flesch. In the article, Siegel discusses Hurwitz and Fine client Lancer’s win, defeating coverage for claims of COVID-19 business income loss. 

Hurwitz & Fine wins summary judgment for National General, with the Connecticut Superior Court holding that there is no actual notice requirement for the non-renewal of homeowners coverage.

In November 2021, New York Governor Kathy Hochul signed legislation amending the state civil rights law to add a new provision requiring private employers with a place of business in New York who engage in electronic monitoring to notify workers of electronic monitoring of telephone, email, and internet access and usage. This law goes into effect on May 7, 2022.

Hurwitz & Fine, P.C. announces attorneys Brian D. Barnas, Anastasia M. McCarthy and Brian M. Webb have advanced from associates to members. Each one of these lawyers have continued to not only excel in the practice of law, but demonstrate their exemplary professional skills, firm citizenship, and commitment to clients.

Hurwitz & Fine Insurance Coverage Senior Member Dan D. Kohane has been named a Fellow of The New York Bar Foundation. Fellows are nominated by peers and recognized for distinguished achievement, dedication to the legal profession, and commitment to the organized bar and service to the public.

On Monday, April 11, 2022, Hurwitz & Fine Senior Member Dan D. Kohane was recognized and acclaimed in an article from Buffalo Business First regarding the lifetime achievement award he received from the Federation of Defense & Corporate Council (FDCC) last month.  

Insurance coverage counselors Dan D. Kohane and Ryan P. Maxwell were featured in the 2022 First Quarter Edition of the NYIA Magazine, Your NY Connection, for their article, "Did the Courts Really Do That?" The article examines interesting cases and decisions in the courtroom over the past year.

Hurwitz & Fine had three victories and four attorneys published in The Harmonie’s Group's annual significant cases publication for 2021.

Connecticut finds that litigation privilege bars bad faith claims where carrier deliberately withheld evidence from its insured, implicitly rejecting a continuing duty of good faith.

Attorney Patty Rauh was published in the Winter 2022 edition of the American Bar Association's The Brief magazine. Her article, "To Remove or Not to Remove: A Look at the Federal Officer Removal Statute," examines the history of the Federal Officer Removal Statute and analyzes modern day applications.

On January 15, 2022, the New York State Eviction Moratorium codified as Chapter 417 of the Laws of 2021 (“Moratorium”) expired and was repealed, once again allowing landlords to commence new eviction cases, proceed with existing evictions, and seek eviction warrants for both commercial and residential tenants. As a result of the Moratorium’s expiration, residential tenants are no longer afforded unfettered protections under the Tenant Safe Harbor Act (“TSHA”), which previously allowed them to submit proof of a COVID-19 related hardship during the “COVID-19 covered period” to automatically stay or toll any ongoing eviction proceedings. 

Hurwitz & Fine Insurance Coverage Senior Member Dan D. Kohane was awarded the FDCC Lifetime Achievement Award during the organization’s Winter Meeting. Each year, the FDCC recognizes one of its members who has become a legal leader in their community as well as a highly contributing member of the Federation. This award is given to one attorney per year who goes above and beyond as a leader in the law and whose reputation and influence transcends their legal career.

Business & Commercial Litigation Department Head Andrea Schillaci was recently interviewed on AM Buffalo for her involvement as President of the Buffalo-Niagara Chapter of the National Association of Women Business Owners (NAWBO). The interview focused on International Women's Day and how NAWBO helps increase opportunities and celebrate business successes for women in the Western New York area

Hurwitz & Fine's Chris Potenza and Alice Trueman were recently published in the New York State Bar Association's News Center for their analysis on the expansion of damages in cases of emotional pain and anguish in wrongful death suits.

Insurance Coverage Attorney Dan D. Kohane was quoted in a February 25, 2022 Law360 article, "NY Gov. Signs Amended Insurance Disclosure Law" by Ben Zigterman. In the article, Dan provides his expert opinion on the recently amended Insurance Disclosure Law recently signed by Governor Kathy Hochul.

The amended version of the New York Comprehensive Insurance Act (CIDA) has now been signed into law, known as Chapter 136 of the Laws of 2022.  It amends CIDA as adopted on December 31, 2021, Chapter 832 of the Laws of 2021.  While the amendments take out some of the sting of CIDA, as first adopted, it still has some significant obligations placed on defense counsel, with the participation of liability insurers.

Hurwitz & Fine President/Managing Partner Jody E. Briandi was recently appointed to the 2022 Amherst Chamber of Commerce Board of Directors during the Chamber’s Annual Meeting, for a term of three years. In this role, Jody will join area business leaders in helping the Chamber to advance its mission of nurturing a strong economic base, maintaining a high quality of life and promoting sound public policy for the Western New York region.

Cannabis Law and Business attorney Alexis M. Florczak was recently quoted in the February 11, 2022 Buffalo Business First article, "Would-be cannabis businesses, be warned: New York state sends clear message on 'gifting' weed." The article delves into the issue of business owners "gifting" cannabis to customers and the legality of the exchange, with Alexis offering her expert opinion on the subject.

Insurance Coverage Attorney Dan D. Kohane was quoted in a February 2, 2022 Law360 article, "NY Lawmakers Amending Defendant Insurance Disclosure Bill" by Ben Zigterman. In the article, Dan explains his viewpoint on the amendments proposed in the new bill and why he doesn't find CIDA necessary.

The New York State Legislature recently expanded the “party admission” exception to the rule against hearsay to permit the admission of adverse statements of any employee if the statement was made about a matter within the scope of employment and made during the existence of the employment relationship.  Litigation attorney Nicholas J. Heintzman advises that employers carefully structure their accident response measures to mitigate the impact of this new rule.