Section 3420 of the New York Insurance Law, which sets forth requirements for liability insurance policies issued in New York State, was amended recently in two important ways that will help injury victims. Liability insurance policies, including automobile and homeowner’s insurance policies, typically require that the negligent party inform his or her insurance company of any possible claims within a particular period of time. These notice provisions are designed to ensure that the company has an opportunity to investigate claims right away, while witnesses can still be located and evidence has not been lost or destroyed. More…

New York Public Health Law §2801-d provides a statutory remedy to nursing home patients for injuries suffered as a result of the deprivation of certain rights or benefits granted by contract, or by applicable federal and state law. The statute mandates an award of compensatory damages of no less than twenty-five percent of the nursing facility’s daily rate for each day the patient’s injury exists. In addition, it provides for punitive damages and attorneys’ fees in appropriate circumstances.

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Volatile organic compounds (VOCs) and predominantly trichloroethylene (TCE) have long been recognized as dangerous and persistent groundwater pollutants. Numerous epidemiological studies have established that TCE is a likely human carcinogen with the strongest evidence supporting a causal link to kidney, liver and lymphoma cancers. In the past, the most common route of exposure was through contaminated well water, whether by ingestion, inhalation of vapors or though contact with the skin. In many jurisdictions, government regulators were less aggressive where a plume of TCE or other VOCs was discovered in an area serviced by a public water supply, believing that residents were not being exposed.

In recent years, however, the danger of vapor intrusion is finally getting the attention it deserves from regulators and legislators across the country. One of the largest vapor intrusion sites discovered to date is in Endicott, New York. A plume of TCE and other VOCs are contaminating the air in hundreds of Endicott homes, requiring the installation of hundreds of individual vapor intrusion remediation systems. Faraci Lange, LLP, a Rochester, New York law firm, is involved in toxic chemical exposure litigation commenced against IBM on behalf of the victims of this contamination. More…