Julian D. Ehrlich
New York
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Articles by Julian D. Ehrlich
Imputing Negligence and Risk Transfer
Law Offices of Gary Martin Hays & Associates, P.C. (470) 294-1674 Law Offices of Mark E. Salomone (857) 444-6468
Prosecutors Urge Lawmakers to Lift Residency Requirements for ADAs
Three district attorney offices in upstate New York say they’re hamstrung by the statewide requirement to hire assistants who reside in their counties. DAs in Schenectady, Saratoga and Columbia counties are individually petitioning the state Legislature for clearance to hire assistant district attorneys who live in adjoining counties, while Seneca County is asking to lift the residency requirement for its county attorney position. Want to continue reading?
Prior Reckless Acts and Labor Law §240
New York’s unique Labor Law §240 states in part “All contractors and owners and their agents…shall furnish or erect…scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” When defendants fail to provide proper fall protection, courts have interpreted this law to impose strict and vicarious liability even though those words are not...
Additional Insured Coverage and Third-Party Pleadings
Parties buy commercial general liability (CGL) insurance policies to manage the risk of tort claims. Owners and contractors, often called upstream parties, will typically further allocate the risk of losses through lease agreements and construction contracts requiring tenants and contractors, the downstream parties, to purchase CGL policies with additional insured (AI) coverage.
NY Transit case’s impact on additional insured coverage
Where the pleadings allege that a downstream party was the proximate cause of the loss, there will likely be no argument that the downstream insurer owes at least a defense under AI coverage. However, where the downstream party is the employer, there is a greater likelihood of disputes over AI coverage. (Credit: JaysonPhotography) In a significant break with case law, the Court of Appeals ruled in Burlington v.
Additional Insured Coverage, Employers and ‘Burlington’
Julian D. Ehrlich In Burlington v.
The Attorney Fee Key To Unlocking Additional Insured Coverage
Expert Opinion There is noteworthy reasoning in a new decision awarding attorney fees in a declaratory judgment to the party successful in obtaining additional insured coverage which if followed, could change existing risk transfer preferences. Julian D. Ehrlich The two well-worn paths to risk transfer in tort cases are contractual indemnity and additional insured coverage. Want to continue reading? Become a Free ALM Digital Reader.
Future Perfect: On the uses, abuses, and paradoxes of speculative futures
by Julian Ehrlich and Alexandra Mateescu Future Perfect was Data & Society’s first-ever experimental onsite gathering of creators and practitioners whose work broadly addresses themes of speculative fiction, embodied futures, and the material/architectural dimensions of world-building. Ingrid Burrington kicks off the day’s talks at Future Perfect. Photo: Elisabeth Smolarz. The invitation-only June 16 conference was curated by Data & Society artist-in-residence Ingrid Burrington.
‘Caused in Whole or in Part’: Foreseeable Additional Insured Issues
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Additional insured coverage: asked, answered and unanswered
General contractors are the proverbial meat of the additional insured sandwich. Upstream, or on one side of the sandwich, the legal Burlington case presents an opportunity for general contractors and their carriers to potentially avoid risk transfer obligations to owners if an owner is 100% negligent for third-party claims for bodily injury or property damage. (Photo: Shutterstock) Arguably the most impactful recent decision in the world of additional insured coverage is Burlington Ins. Co. v.
Wayne Thiebaud's Reverence for Classic American Sweets
Wayne Thiebaud's Three Donuts, will be offered in the upcoming Contemporary Curated auction on 2 March in New York. NEW YORK - The most recognizable elements of the Wayne Thiebaud’s oeuvre are brought together in one serene and delectable composition. The artist’s decades-long body of work is defined in part by his continued focus on every day, easily accessible objects and treats, and Three Donuts is a culmination of that practice.
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