Law Offices of Richard A Fogel, P.C.

Law Offices of Richard A Fogel, P.C. New York Lead Paint Defense, Insurance Defense Coverage and Environmental Litigation Attorney Mr. The Law Offices of Richard A. Fogel, P.C.

Rich Fogel has defended litigation claims involving lead paint, mold, asbestos, benzene, ink, and other toxic tort and environmental claims as well as related insurance coverage disputes and disputes between insurance companies for more than two decades in the Greater New York City courts. Fogel also routinely litigates commercial and contractual claims as well as shareholder and partnership dispu

tes. is a litigation law firm that concentrates its practice on insurance coverage, toxic torts, environmental, product liability and commercial litigation. In particular, the firm represents landlords, manufacturers, distributors, retailers, waste haulers and dry cleaners, and other small businesses. The firm also defends insured businesses for insurance companies. Rich Fogel also served as outside general counsel for a retailer. Fogel holds a Master’s Degree in Environmental Science so he has a unique ability to work with technical experts on scientific issues and communicate complex causation and technical explanations to courts and juries. The firm’s practice is ninety percent repeat business because its focus is on getting the matter resolved on a cost effective basis that serves the client's best interests. This is not a volume practice unlike many insurance defense firms. The practice is designed for personal service for technical cases without incurring the premium price demanded by larger firms. Fogel has been practicing since 1987 and has been a partner at large firms. In 2004, he decided to open his own boutique firm to better serve his longstanding clients and control overhead costs so rates remain very competitive, at $275/hr., Mr. Fogel’s rate for the past decade. The firm appears in all courts located in the Greater New York City area, including Northern New Jersey. Job One at the firm is to resolve litigation cost effectively. Rich Fogel is a "Bests Recommended Insurance Counsel", rated "AV" for ethical standards and legal ability by LexisNexis/Martindale Hubbell and a nominated member of the Claims and Litigation Management Alliance.

When people think of insurance coverage disputes, they imagine arguments over whether the policy covers a particular los...
03/27/2026

When people think of insurance coverage disputes, they imagine arguments over whether the policy covers a particular loss. But much litigation in this area concerns the way claims are handled, including how they are investigated, settled, and more.

Learn about unfair claims settlement practices and regulatory enforcement in New York.

New York insurance coverage litigation attorney Richard A. Fogel discusses unfair claims settlement practices & improper claims handling regulatory enforcement.

Insurance coverage litigation usually focuses on whether a claimed loss is covered by the policy or excluded. But someti...
03/13/2026

Insurance coverage litigation usually focuses on whether a claimed loss is covered by the policy or excluded. But sometimes a dispute centers around the insurer’s claim-handling process, such as whether it refused a duty to defend or accept an offer to settle within policy limits. In these circumstances, the insurance company’s exposure can be particularly significant.

Learn about insurance bad faith and extra-contractual liability in New York insurance coverage law.

New York insurance coverage attorney Richard A. Fogel discusses when insurers could wind up liable beyond contractual damages for bad faith claims handling.

Insurance coverage disputes are often complex legal matters, especially when they involved long-tail liabilities, layere...
02/11/2026

Insurance coverage disputes are often complex legal matters, especially when they involved long-tail liabilities, layered insurance programs, or overlapping policy periods.

Learn about the allocation of defense costs among multiple insurers.

New York insurance coverage litigation attorney Richard A. Fogel discusses allocation of defense costs among multiple insurers during overlapping policy periods.

Reservation of rights letters are a cornerstone of insurance coverage practice in New York, but they must be properly dr...
01/21/2026

Reservation of rights letters are a cornerstone of insurance coverage practice in New York, but they must be properly drafted and timely issued to be effective.

Learn what a reservation of rights letter is, what it does, and what a valid letter looks like.

New York insurance coverage litigation attorney Richard A. Fogel explains what a reservation of rights letter is, what it does, & what a valid letter contains.

Liability policies impose two distinct obligations on insurers: the duty to defend and the duty to indemnify. The former...
12/01/2025

Liability policies impose two distinct obligations on insurers: the duty to defend and the duty to indemnify. The former is interpreted far more broadly and kicks in even when the insurer may ultimately have no duty to pay a judgment.

Learn about the duty to defend in New York insurance coverage litigation.

New York insurance coverage litigation attorney Richard A. Fogel explains the parameters of an insurer’s duty to defend & when insurers can disclaim coverage.

In New York City, local, state, and federal laws combine to place a significant burden on landlords regarding the presen...
10/17/2025

In New York City, local, state, and federal laws combine to place a significant burden on landlords regarding the presence of lead paint in their buildings. The costs of noncompliance can be severe. See our landlord’s guide to compliance when it comes to lead paint testing and inspection in NYC.

New York lead paint litigation defense attorney Richard A. Fogel explains lead paint testing & inspection requirements for landlords to stay in compliance.

In many insurance coverage disputes, a central issue revolves around the relationship between primary policies and exces...
09/29/2025

In many insurance coverage disputes, a central issue revolves around the relationship between primary policies and excess policies, including “true excess” policies, umbrella coverage, and layered policies. Many recent New York cases have explored this complex and critical legal area.

Learn about the interplay between primary and excess insurance policies in New York coverage cases.

New York insurance coverage litigation attorney Richard Fogel discusses the interplay between primary and excess insurance policy in New York coverage disputes.

Lead paint litigation remains a constant and significant challenge for New York landlords and property owners. Learn key...
08/26/2025

Lead paint litigation remains a constant and significant challenge for New York landlords and property owners. Learn key legal strategies for building a strong defense against lead paint claims in New York.

New York toxic tort defense lawyer Richard A. Fogel discusses legal strategies for building a strong defense against lead paint claims for New York landlords.

Insurance coverage disputes can be lengthy, expensive, and unpredictable. That doesn’t mean they can’t be resolved, thou...
07/30/2025

Insurance coverage disputes can be lengthy, expensive, and unpredictable. That doesn’t mean they can’t be resolved, though.

Learn some key considerations in settlement negotiations for New York insurance coverage disputes.

New York insurance law attorney Richard A. Fogel discusses key factors to consider during settlement negotiations to resolve an insurance coverage dispute.

New York City landlords face expanded compliance requirements starting this year, not just under Local Law One but also ...
06/26/2025

New York City landlords face expanded compliance requirements starting this year, not just under Local Law One but also Local Laws 31, 111, 122, and 123. Understanding legal risks is key to proactive compliance and lawsuit avoidance.

Learn about landlord liability in New York lead paint cases.

New York toxic tort & insurance defense lawyer Richard A. Fogel discusses landlord liability in lead paint cases under Local Law One & related requirements.

Trials are adversarial and often end with a winner and a loser. The losing side, whether plaintiff or defendant, can app...
05/20/2025

Trials are adversarial and often end with a winner and a loser. The losing side, whether plaintiff or defendant, can appeal and often does.

Learn about the appeals process in New York insurance coverage litigation.

New York insurance coverage lawyer Richard A. Fogel discusses the insurance coverage litigation appeals process, when you can appeal & issues commonly appealed.

A lead paint lawsuit is a nightmare for many New York landlords, and not without good reason. Lawsuits can result in cos...
04/22/2025

A lead paint lawsuit is a nightmare for many New York landlords, and not without good reason. Lawsuits can result in costly legal proceedings and, in some cases, large settlements or judgments. For landlords, one of the first and most important questions in any potential lead paint lawsuit is: Does my insurance policy cover this?

Learn about the role of insurance in lead paint lawsuits from a landlord’s perspective.

New York City insurance coverage & toxic tort lawyer Richard A. Fogel discusses the role of insurance in lead paint lawsuits from a landlord’s perspective.

Address

389 Cedar Avenue
Islip, NY
11751

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Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

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+15167217161

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