Beyond Avoidance: Preparing for the AVOID Act’s Transformation of Third-Party Practice in New York

Like it or not, as of April 18, New York’s law governing third-party practice will change significantly as the AVOID Act becomes effective. Claims for contribution and indemnity asserted in a third-party action must now be commenced within 90 days of service of the defendant’s answer—or they may be lost and unable to proceed as part of the underlying lawsuit.

While this legislation was primarily aimed at NYS Labor Law/ construction accident claims, its impact will be felt across the litigation spectrum, including products and premises liability claims. They will also require early, strategic decision-making by insurers and litigants regarding risk transfer, tenders, additional insured status, and indemnity obligations.

David Adams, Hurwitz Fine’s Labor Law Chair, and Dan Kohane, the firm’s Insurance Coverage Chair, will team up to provide a practical and strategic roadmap for navigating the procedural and coverage challenges that parties and insurers will confront in actions commenced after the effective date.

For more information and to register, click here.