December 16, 2024 | New York Law Journal
New York Court of Appeals Tightens Pleading Standards Against Insurance PolicyholderIn a recent split decision by the New York Court of Appeals in an insurance litigation case, the majority declined to extend a statute of limitation because, in its view, the insured’s complaint did not contain enough specific information about why the repairs were not completed within two years.
By Eric Dinnocenzo
7 minute read
April 18, 2022 | New York Law Journal
Defenses to Life Insurance Lapses for Non-Payment of PremiumsIn New York, a life insurance policy can be terminated due to a single late or missed premium payment, even when the policy has been in effect for many years and payments were always timely made. This article discusses several scenarios when such a harsh penalty can be avoided.
By Eric Dinnocenzo
8 minute read
June 10, 2015 | New York Law Journal
Keeping the Faith in Insurance Bad FaithEric Dinnocenzo writes: When an insurance denial seems completely wrong on its face, it is common for both lawyers and laypersons to assert that it was due to "bad faith," entitling the policyholder to some form of extra-contractual damages. But the reality in New York is much more complex.
By Eric Dinnocenzo
9 minute read
June 09, 2015 | New York Law Journal
Keeping the Faith in Insurance Bad FaithEric Dinnocenzo writes: When an insurance denial seems completely wrong on its face, it is common for both lawyers and laypersons to assert that it was due to "bad faith," entitling the policyholder to some form of extra-contractual damages. But the reality in New York is much more complex.
By Eric Dinnocenzo
9 minute read
September 29, 2014 | New York Law Journal
Legal Fees in Declaratory Judgment Actions Against InsurersEric Dinnocenzo writes: It's not often that judges encourage litigants to appeal their decisions so they will be reversed. But Justice Shirley Kornreich did just that in a recent decision denying an attorney fee award to a prevailing plaintiff in a declaratory judgment action against its insurer, due to its wrongful refusal to provide it with a defense in a third-party action.
By Eric Dinnocenzo
10 minute read
July 15, 2014 | New York Law Journal
The Divide: American Injustice in the Age of the Wealth GapIn his praiseworthy new book, "The Divide: American Injustice in the Age of the Wealth Gap," Rolling Stone columnist Matt Taibbi expertly examines how, ever since the 2008 financial crisis, the disparity in treatment between rich and poor in our justice system has increased so that now we have reached the proverbial tipping point.
By Eric Dinnocenzo
6 minute read
October 03, 2013 | New York Law Journal
Quality Pro Bono Programs Needed to Tap Expertise of Solo LawyersI am a solo practitioner and one of my practice areas is representing tenants in Housing Court. Every day there are low-income tenants without representation who literally line the hallways. However, based on my experience, there is no resource available to link these low-income tenants with solo and small firm attorneys who might be willing to offer pro bono services.
By Eric Dinnocenzo
3 minute read
July 11, 2012 | New York Law Journal
Wider Scope of Employees Covered by Sarbanes-Oxley Whistleblower LawSolo practitioner Eric Dinnocenzo analyzes a Department of Labor Administrative Review Board's recent finding where, in contrast to a recent decision from the First Circuit, it held that an auditor on assignment with a public company was protected from retaliation for SOX whistleblowing activity, even though he was employed by a private firm contractor for the publicly traded company.
By Eric Dinnocenzo
6 minute read
January 19, 2012 | New York Law Journal
With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the PowerfulBy Reviewed by Eric Dinnocenzo
5 minute read
May 28, 2013 | New York Law Journal
Punitive Damages Unavailable for Third-Party Insurance Bad FaithEric Dinnocenzo, a solo practitioner, writes that the effect of a recent First Department decision, and the long-standing precedent on which it is based, is that insureds who engage in conduct that might trigger a punitive damages award have an increased concern of being subject to an excess verdict. And punitive damage awards are typically not of a trifling amount.
By Eric Dinnocenzo
7 minute read
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