AVOID Act Compliance: Practical Workflow Suggestions, Published in the New York Law Journal

In an article published on July 15 in the New York Law Journal, Segal McCambridge Shareholder Justin R. Waytowich discusses how New York’s AVOID Act affects litigation intake, discovery practices and risk-transfer workflows for corporate legal departments, claims professionals and insurance defense litigation attorneys. The article provides timely guidance as July 17, 2026, marks 90 days from the effective date of the AVOID Act and explains that the statute places renewed importance on early case assessment, requiring legal teams to front-load efforts that may have previously unfolded over a longer discovery timeline.

“Arguably, the largest practical workflow change necessitated by the AVOID Act is the increased emphasis on enhanced initial investigation,” writes Waytowich. “Essentially, you should now “front-load” your efforts, which would have previously unfolded over a longer discovery timeline during litigation.”

Waytowich outlines several practical workflow considerations, including enhanced initial investigations to identify potential third-party defendants, determine risk-transfer opportunities and assess the availability of additional insured coverage. He also emphasizes the importance of streamlined communication and coordination, including strict calendar adherence, clear information-sharing protocols and timely analysis of contract provisions, tender demands and coverage issues.

The article further addresses litigation considerations under the AVOID Act, including the need for well-tailored discovery demands, vigilant enforcement of response deadlines, and strategic planning as the 90-day timeframe approaches.

Read the article in full; click here (subscriber-based).