Mar 6, 2017

ACA Repeal-and-Replace Bill Released

Stethoscope and Clipboard

On Monday, March 6, 2017, the Energy and Commerce Committee and the Ways and Means Committee of the U. S. House of Representatives released the American Health Care Act (the “Act”), which would repeal and replace portions of the Patient Protection and Affordable Care Act (the “ACA”). Notable provisions in the Act that would affect employer-sponsored health plans include: Reduce to zero the penalty for employers that fail to offer minimum essential coverage to their employees. Reduce to zero the individual mandate to obtain health insurance. Replace income-based tax credits for purchasing private insurance with age-based tax credits. Encourage the… Read more

Feb 20, 2015

CGL Policy Coverage for Rip and Tear Costs

General contractors are all too familiar with the limitations in a CGL policy relating to defective work. Those limitations exclude coverage for costs associated with damage caused by “your work.” There is a limited exception to the “your work” exclusion in some CGL policies that affords coverage for damage to other work caused by defective work performed by subcontractors (the “Subcontractor Exception”).  Regardless, there is no coverage for the costs of correcting the defective work itself – only for damage to other work caused by the defective work. Water intrusion situations provide good examples of how this coverage works. A subcontractor’s… Read more

Jul 19, 2012

Board Member Liability after Fletcher v. The Dakota, Inc.

board room

A recent decision of the Appellate Division, First Department,[1] Fletcher v. The Dakota, Inc.,[2] has significantly changed the circumstances in which tort claims may be asserted against board members of cooperatives  and condominiums in their personal, rather than only corporate, capacities.  We believe this decision is not the last word on this issue.  However, board members should be aware that until or unless the apparent holding of the case is rejected by the New York Court of Appeals or narrowed by the Appellate Division itself,  board members who are successfully sued personally and are not protected by sufficient insurance or… Read more

Oct 28, 2005

Liability of Condominium Managers and Unit Owners for Injuries to Third Parties

Dictionary: Liability

On October 25, 2005, New York’s intermediate appellate court issued a decision of concern to both condominium boards and individual unit owners.  Although the decision, on its face, appears to limit the personal liability of unit owners for claims made against the condominium by third parties, it, in fact, poses new and troubling issues regarding the personal liability of condominium board members while not ultimately providing unit owners real protection. We described the case involved, Pekelnaya v. Allyn, in our March 24, 2004 memorandum.  The lawsuit was commenced after a section of chain link fence fell from the rooftop of… Read more