Recent Publications - Insurance Coverage
April 25, 2024 |
Southern District Rules That Insured Cannot Recover Its Attorney’s Fees for Its Coverage Action
The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees and expenses it incurred in its
Read MoreApril 11, 2024 |
Our April 2024 Insurance Update is now available.
Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget about the NC State Wolfpack’s magical March run. Led by Miracle Mike and the two DJs,
Read MoreMarch 27, 2024 |
Third Department Upholds Summary Judgment to Insurer Based on Material Misrepresentation by Insured in Insurance Application
Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from
Read MoreMarch 19, 2024 |
Our March 2024 Insurance Update is now available.
We begin with three state supreme court decisions answering these questions:
- A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were filed when the claims-made policy was in effect. Is the claims-made policy triggered? The Delaware Supreme Court decides
February 28, 2024 |
New York’s Highest Court Holds That Restaurants’ Business Losses from Coronavirus Not Covered
The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered “all risks of direct physical loss or damage to insured property” and
Read MoreFebruary 23, 2024 |
In this month’s insurance update, we address:
- Whether opioid suits allege an occurrence
- Whether the recurring presence of wild turkeys is “infestation”
- Whether improper copying of an industry publication was in the performance of professional services
- Whether wildfire dust is a “pollutant”
- Whether an aircraft exclusion applies to a partially disassembled plane
- And whether
February 20, 2024 |
On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint against Westport Insurance Corp. seeking COVID-19 business interruption coverage.
The Court’s affirmance continues New York’s well-settled approach to contract interpretation, which demands that all contracts –
Read MoreJanuary 30, 2024 |
Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion
Associated Industries Insurance Company sued its insureds, a lawyer, and his former law firm, seeking a declaration that it had no duty to defend or to indemnify an underlying lawsuit brought by their former client.
Read MoreJanuary 30, 2024 |
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2023.
New York
Read MoreJanuary 23, 2024 |
In our January insurance update, we include three state cases addressing some less common situations.
It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme Court considered whether the exclusion barred a claim arising from a contaminated wheat delivery.
Village officials made it very
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