Risk Management 2020: Hot Topics and Cool Solutions

Risk Management 2020:
Hot Topics and Cool Solutions

 – CANCELLED – Pillinger Miller Tarallo and St. John’s Tobin Center for Executive Education, its Maurice R. Greenberg School of Risk Management, Insurance and Actuarial Science (GSRM) proudly present our inaugural conference: Risk Management 2020: Hot Topics and Cool Solutions. In today’s complex business environment, the number one issue facing insurance and claims executives is effective and efficient strategic risk management – an issue affecting whole industries as well as individual companies. Our panel participants – comprised of highly-experienced attorneys, senior claims executives and GSRM professors – will offer incisive insights on topics ranging from additional insured status to indemnification to risk transfer and will and cover the tools that can be used to successfully acknowledge, manage and reduce risk for both insureds and self-insureds alike. The conference will be held at:St. John’s University101 Astor Place, NY NY 10003March 26, 2020 from 1 pm to 5 pm CLICK HERE TO REGISTER Agenda 1:30 p.m.OPENING REMARKSThomas M. Bona, Partner – Pillinger Miller Tarallo, LLP 1:45 p.m. – 2:45 p.m.Session One: Protect Yourself – The Keys to Risk Transfer? Indemnification Agreements and Their Limitations Owner Controlled Insurance Programs/ Contractor Controlled Insurance Programs/ Reinsurance Contractual Indemnification Agreements Additional Insured Coverage versus Contractual Indemnity Recovery Session One Panelists: Moderator:Marc Pillinger, Executive Partner – Pillinger Miller Tarallo, LLP Jeff Miller, Executive Partner – Pillinger Miller Tarallo, LLPNeil Sambursky, Partner – Pillinger Miller Tarallo, LLPChris Phillips, Senior Vice President – Old Republic Contractors Insurance GroupWilson Townsend, Vice President, Director – RiverStone TPA ServicesGerard Kelly, Adjunct Professor – Maurice R. Greenberg School of Risk Management 2:45 p.m.  BREAK 3:00 p.m. – 4:00 p.m.Session Two: You Have a...
Case by Case: Court of Appeals: Out-of-Possession Landlord

Case by Case: Court of Appeals: Out-of-Possession Landlord

By Wendy Eson and Marc H. Pillinger. In a recent decision, He v. Troon Mgmt., Inc., 2019 WL 5429374 (N.Y. Oct. 24, 2019), the Court of Appeals [reversed the First Department and] held that an out-of-possession landlord is liable for a violation of NYC Administrative Code Section 7-210 – failure to maintain the sidewalk and keep it clear of snow and ice. The Court found that “while an owner can shift the work of maintaining the sidewalk to another, the owner cannot shift the duty, nor exposure and liability for injuries caused by negligent maintenance imposed under section 7-210”. The Court noted that the landlord can still seek indemnification from its tenant, if the tenant has agreed to maintain the property in the landlord’s absence. This case emphasizes the importance of having a lease with contractual indemnification language and insurance requirements between the Landlord and Tenant.  In addition, the Landlord must make sure that the tenant has appropriate insurance in place, because we are now dealing with a non-delegable duty for a Landowner under Section 7-210. Should you have any questions, please call our office at (914) 703-6300 or contact: Marc H. Pillinger, Executive Partner mpillinger@pmtlawfirm.com Jeffrey T. Miller, Executive Partner jmiller@pmtlawfirm.com Thomas M. Bona, Partner tbona@pmtlawfirm.com...
Case by Case: Our Clients Speak

Case by Case: Our Clients Speak

By Thomas M. Bona & John J. Tambascia. Sage Advice and Constant Support We who are in this business of defending our clients when they have an accident can become somewhat immune to the reality that when there is an accident and the client is sued, this will be a very stressful, strange and likely long experience.  Here at Pillinger Miller Tarallo, LLP (“PMT”), our experienced lawyers never forget that our clients are just like us and our families who sometimes get thrust into unfortunate situations.  It is always in our uppermost mind to treat our clients with respect, dignity, care, and compassion. A recent case in which we were involved, where we achieved a very good result in a horrific accident, demonstrates how our clients come to rely upon us for sage advice and constant support.  The accident happened in March 2015 when our client was parking their vehicle and crashed through an AT&T store.  The client’s vehicle came to stop well within the confines of the store and in the process, three patrons inside the store were injured, one fatally.  The entire incident was captured on video from multiple angles. The first patron, plaintiff #1, was a woman in her 50’s who was behind the display, knocked over and dragged.  It wasn’t until the client’s vehicle came to a complete stop, that anyone even noticed that she was under the vehicle.  Some 16 patrons and bystanders picked up the vehicle and pulled her from under the vehicle.  She was writhing in pain, and unfortunately, succumbed to her injuries at the ER later that day. The second patron,...
Ice Storm in Progress

Ice Storm in Progress

Appellate Division Affirms Lower Court’s Grant of Summary JudgmentOn Basis of Plaintiff’s Own Testimony That There Was an Ice Storm in Progress Sometimes with summary judgment motions as with everything else, persistence is the key. Unfortunately, lower courts don’t always make the correct decision and sometimes, it is necessary to make a motion to re-argue when the Court makes the wrong decision. A recent case in which Pillinger Miller Tarallo, LLP won a summary judgment for the building owner we represented, is a good example of this and how a plaintiff’s own testimony can be used to defeat her case. In Perez v. The Pinnacle Group, plaintiff, who was a tenant in the building in the Bronx, went to the lobby where she was waiting for her son who was going to drive her to a church event on January 18, 2015, which would turn out to be one of the worst ice storms in the region’s history. While she was in the lobby, the plaintiff noticed that precipitation was falling. However, she was not aware that ice was falling. When the plaintiff’s son failed to appear, she decided to drive herself. The plaintiff exited the building and went to the parking lot where her vehicle was parked. As she reached the end of the sidewalk, she saw a ramp which led from a sidewalk to the street level and into the parking lot. The plaintiff took a step off the sidewalk onto the ramp with her right foot when she slipped. Prior to falling, the plaintiff looked down and saw small balls of ice. The plaintiff laid on...
PMT Announces New Partners Thomas M. Bona and James Freire

PMT Announces New Partners Thomas M. Bona and James Freire

We Are Pleased to Announce PMT’s New Partners Thomas M. Bona and James Freire. Each attorney is a talented advocate for the firm’s clients and has achieved their current position with persistent and successful work. Thomas M. Bona Tom has been a practicing attorney for over 35 years and joined Pillinger Miller Tarallo, LLP in 2019 as a partner at PMT’s Elmsford, NY office. Prior to that, since 1988 Tom was managing partner of Thomas M. Bona, P.C. with years of experience in insurance defense and coverage practice areas. Tom is admitted to practice in New York and has a wealth of experience in all types of civil matters including Construction/Labor law, Coverage Matters, Municipal Liability, Automobile, Dram Shop actions, and Premises Liability cases. See Tom’s Bio   James Freire Jim has been a practicing attorney since 1983. His practice over the last twenty years has been primarily focused on professional liability matters. He represents clients in construction work site injury claims, construction defect and property damage claims and environmental claims under the Navigation Law. His clients have included major construction companies, contractors and building owners involved in new construction and renovation projects. Jim has been involved in several high profile matters, including acting as lead counsel for a Fortune 500 company in a confidential mediation which involved 197 days of construction delays. See James’...