Anderson Kill

Property Insurance Coverage for Emerging Risk: Underground Climate Change

by Anderson Kill in Insurance & Loss Prevention, Legal, Risk Management. Posted February 13, 2024

Abstract: Studies have shown that heat emanating from basements, train tunnels, sewers, and other underground systems in major metropolises in the United States and Europe is heating the ground between city surfaces and the bedrock by as much as 27 degrees Fahrenheit. This “underground climate change” is affecting ground soil conditions, causing structural strains on ...

Social media applications X, instagram, LinkedIn, discord, reddit, Threads, Facebook on smart phone screen.

Employers, Take Note: New York Law Will Prohibit Access to Employees’ Private Social Media Accounts

by Anderson Kill in Human Resources, Legal, Technology. Posted December 19, 2023

We recall the following well-publicized Facebook posting from a number of years ago: The photograph of a young man, in a very smoke-filled room, wearing a Grateful Dead t-shirt and holding a very large marijuana cigarette. The caption read: “I like to smoke a giant spliff on week-ends.” Needless to say, any employer who viewed ...

Insurance Coverage for Losses Stemming from the Coronavirus

by Anderson Kill in Coronavirus (COVID-19), Insurance & Loss Prevention, Risk Management. Posted February 25, 2020

The coronavirus has not only sickened tens of thousands of people, killed several hundred, and disrupted life for millions, but has also sharply impacted the second-largest economy in the world. Many Chinese companies have suspended operations, and international companies like Starbucks, Apple, McDonalds, KFC, and Pizza Hut have closed their stores in Wuhan and elsewhere. ...

The Most Frequent Hospitality Claims

by Allen Wolff in Insurance & Loss Prevention, Risk Management. Posted December 25, 2018

Property ClaimsThe most common types of hotel property claims are: general water damage, sprinkler water damage, hail, wind, and fire. These five causes account for two-thirds of hotel property claims. Fortunately, they are commonly covered by first party property insurance. First party property coverage is for damage to a policyholder’s own property, not for damage ...

Understanding Post-Storm Business Interruption Coverage

by Anderson Kill in Insurance & Loss Prevention, Risk Management, Safety & Security. Posted November 30, 2017

The full extent of economic damage from this year’s devastating hurricanes—Harvey, Irma, Juan and Maria—will not be evident for some time. That impact is likely to extend well beyond the Gulf states, Puerto Rico and the Virgin Islands to the greater United States and even global economy. Damage to major oil refineries and chemical, plastics ...

Contempt Is Nothing to Sneer At

by Anderson Kill in Legal. Posted August 10, 2017

Contempt remedies can be a useful tool to compel compliance with a court order, whether it be to produce certain documents, appear for a deposition, or otherwise comply with a valid and enforceable court order. The common understanding of the remedy is that courts and litigants use it to coerce noncompliant parties and nonparties to ...

Minimum “Exempt” Salary Threshold Raised and Millions of Additional Workers Entitled to Overtime

by Bennett Pine in Human Resources. Posted July 6, 2016

On May 18, 2016, President Obama and the Labor Department issued the much anticipated final rule regarding overtime regulations, which significantly raises the minimum salary threshold required to qualify for “white collar exemptions” under the Fair Labor Standards Act. These new Department of Labor Overtime Rules may be of particular interest to businesses in the ...

What Counsel Must Do to Maximize Insurance Coverage

by Finley Harckham in Legal. Posted December 19, 2015

Insurance policies are complex contracts that require counsel’s oversight. Job 1 is to demarcate the broker’s role. Insurance policies are complex contracts, often riddled with pitfalls for the policyholder. The pursuit of a claim in the wake of a loss is equally fraught. Yet all too many companies entrust their assets and their very survival ...

Insurance Coverage For Possible Ebola Claims Involving Hospitality Businesses

by Marshall Gilinsky in Food & Beverage, Insurance & Loss Prevention, Lodging. Posted November 24, 2015

Originally published in Anderson Kill’s Hospitality Alert, Nov. 2014 Co-authored by Diana Shafter Gliedman Now that the first cases of Ebola in the United States have been treated and the country is for the moment Ebola-free, it’s easier than two months ago to maintain perspective. Ebola is difficult to contract, and widespread outbreaks in the ...

Matching Your EPLI to Your Actual Employment Risks

by Robert Horkovich in Insurance & Loss Prevention. Posted November 22, 2015

No employer is immune from employment-related lawsuits, particularly at a time when the Department of Labor, the Equal Employment Opportunity Commission and the National Labor Relations Board are inclined to take an employee’s side in disputes. Employment practices liability insurance (EPLI) provides important protection against this ongoing but ever-evolving risk. Prudent companies seeking to minimize ...