Category: Publications

01
Jan

Gabay Authors Article on Mid-Term Cancellation of a Workers’ Compensation Insurance Policy

For the Insurance Advocate, January 2010

“…the Department addressed the mid-term cancellation of a workers’ compensation insurance policy based upon the insured’s failure to pay the audit premium on its most recently expired policy.”

Read the full article.
PDF-icon
20
Apr

Gabay Authors Article on Cancellation for Nonpayment: New Developments Affect Agents and Brokers

For the Insurance Advocate, April 2009

“What are the obligations and duties of an insurer, insurance broker or agent with respect to notices of cancellation for nonpayment of premium? New York Insurance Law § 3426 governs the cancellation of commercial lines insurance policies, and provides for instances where an insurer has a statutory right of cancellation, such as the nonpayment of premium.”

Read the full article.
PDF-icon
09
Mar

Gabay Authors Article on Contractors: Recent Decision Impacts Status of “Additional Insured”

For the Insurance Advocate, March 2009

“The policy defined an “insured” as “any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as additional insured on your policy.”

Read the full article.
PDF-icon
09
Mar

Gabay Authors Article on Flown! Empty! Canceled! Here’s A Bird’s Eye View of Circular Letter 23

For the Insurance Advocate, March 2009

“Can an insurance company cancel your homeowner’s policy if you leave your New York home unoccupied during the winter months in order to spend the season in a warmer climate? Apparently, many insurance companies have canceled homeowners’ policies claiming either that an unoccupied residence constitutes (a) a “physical change” or (b) a willful or reckless act or omission increasing the hazard insured against.”

Read the full article.
PDF-icon
09
Feb

Bowler Authors Article on Ink Spots, Ad Spots and Blind Spots: Spotlighting Agents Advertising and the Law

For the Insurance Advocate, February 2009

“As opposed to the detailed Regulations governing advertisements for accident and health insurance, there are no separate Regulations governing advertisements for property and casualty brokers and agents.”

Read the full article.
PDF-icon
15
Dec

Bowler Authors Article on Same Sex, Same Cover: Implications of the New Regulations Barring Discrimination in the Insuring of Same Sex Couples

For the Insurance Advocate, Dec. 2008

“The main difference between a marriage and a civil union is that there is no requirement that civil unions be recognized outside of the state.”

Read the full article.
PDF-icon
17
Nov

Gabay Authors Article on Tis The Season…Gifts, Keepsakes and Rebates: A Legal Look at Your Shows of Appreciation

For the Insurance Advocate, Nov. 2008

“As the holiday season approaches you may be thinking of gifts to send to your clients. If you are an insurer, insurance agent or broker, giving just any gift, even one that costs less than $15, may violate New York’s Insurance Laws”

Read the full article.
PDF-icon
08
Sep

Gabay Authors Article on Life Settlement Market Unsettles Some

For the Insurance Advocate, Sept. 2008

“A precise overview and update on this controversial, emerging market sector, one that requires careful counsel when your “baby boomer” clients –inevitably—ask you about payout potential.”

Read the full article.
PDF-icon

 

21
Jul

Gabay Authors Article, Brokers Beware: You May Assume a Duty to Act…Carefully

For the Insurance Advocate, July 2008

“Even in the absence of privity between the plaintiff and defendant Brooks, one who assumes to act, even though not obligated to do so, thereby becomes subject to the duty to act carefully.”

Read the full article.
PDF-icon
12
May

Gabay Authors Article, Cases Are Brewing Against Coffee Houses All Because of the Tip Jars?

For the WestView News, May 2008

“Who would have thought that the tip jar sitting by the cashier when you buy your morning coffee could cause such controversy?”

Read the full article.
PDF-icon