Carl Pernicone

Carl Pernicone

Wilson Elser

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North Korea’s Attack Raises Critical Coverage Issues and TRIA Implications

Potential Critical Coverage Issues - The FBI advised that the recent attack on Sony Pictures Entertainment (SPE) “destroyed systems” and “rendered thousands of SPE’s computers inoperable, forced SPE to take its entire...more

12/24/2014 - Corporate Counsel Cyber Attacks Cybersecurity FBI North Korea Popular Sony Terrorism Insurance TRIA

New York Environmental Commissioner Will Issue an Order Early Next Year Banning “Fracking,” Under a Moratorium Since 2008

In a much-anticipated report, the New York State Department of Health has concluded that high-volume hydraulic fracturing (HVHF) should be banned statewide. In a nutshell, the Department found that there was insufficient...more

12/23/2014 - Department of Health Fracking Fracking Bans Oil & Gas

Cornell Ruling Is Cause for Experts’ Concern

I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op...more

7/9/2014 - Bodily Injury Expert Testimony Mold Litigation Toxic Exposure

New York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home...

In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair...more

7/2/2014 - Conflicts of Laws Energy Fracking Fracking Bans Municipalities Oil & Gas

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection...more

6/25/2014 - Carbon Emissions Clean Air Act Common Law Torts Electricity EPA Power Plants Preemption SCOTUS Utilities Sector

Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract...

Two recent New York federal court decisions – 433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No....more

6/2/2014 - Breach of Contract Covenant of Good Faith and Fair Dealing Flood Insurance Property Insurance

New York Appeals Court Sustains Asbestos Plaintiffs’ Direct Suit against Liability Insurer of Dissolved Corporate Defendant

Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department – under certain circumstances. The court’s decision came...more

5/1/2014 - Asbestos Asbestos Litigation

Wyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify...

On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the...more

3/19/2014 - Appeals Fluid Formulas Fracking Public Records Act Trade Secrets

West Virginia High Court Finds Carbon Monoxide Exposure Claims Arising from the Same Source Are a “Single Occurrence” for Coverage...

In Kosnoski, et. al. v. Rogers, et. al., Case No. 13-0494 (2/18/14), the West Virginia Supreme Court of Appeals recently held that two different incidents of exposure to carbon monoxide poisoning arose from the same...more

3/13/2014 - Carbon Monixide Exposure Property Insurance Rental Property Single Occurrence

New York Court of Appeals Holds Property Policy Time Limitation for Replacement Costs Suits Amounts to “Claim Nullification”

Facts and Underlying Litigation - Will New York courts enforce a time-limitation period for suits for replacement costs against an insurer under a property policy, even if the insured could not have completed the...more

3/12/2014 - Fire Insurance Limitation Periods Property Damage Replacement Costs

New York Court of Appeals Sustains Delay in Disclaimer Based on Insured’s Lack of Cooperation

Will a New York court excuse an insurer’s delay in disclaiming coverage based on an insured’s failure to cooperate, when the facts confirm that it did so as soon as reasonably possible after it determined that the insured...more

3/6/2014 - Business Auto Policies Duty to Cooperate Duty to Defend Indemnification Trucking Accident

Unanimous Wisconsin High Court Sustains Broad Asbestos Exclusion That Comprehensively and Unambiguously Bars Coverage for Any...

In Phillips v. Parmelee, 2013 WI 105 (December 27, 2013), the Wisconsin Supreme Court rejected the argument that a broad asbestos exclusion in a business insurance policy was ambiguous. A unanimous court ruled that a real...more

1/16/2014 - Asbestos Breach of Contract Commercial General Liability Policies Duty to Disclose Negligence Policy Exclusions Real Estate Transfers

Illinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm...

In Country Mutual Insurance Company v. Hilltop View, LLC , 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a...more

12/24/2013 - Air Pollution Farms Pollution Exclusion Umbrella Policies

Exclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware...

In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an...more

12/10/2013 - Exclusions Insureds Liquor Third-Party Liability Umbrella Policies

A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters

A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they...more

11/4/2013 - Department of Financial Services Hurricane Sandy Mediation Property Damage

Connecticut Supreme Court: “Make Whole” Doctrine Is Default Rule, But Does Not Apply to Policy Deductibles

In Fireman’s Fund Ins., Co. v. TD Banknorth Insurance Agency, Inc., SC 18796 (Conn. 07/30/2013), the Connecticut Supreme Court answered two certified questions of first impression under Connecticut insurance law: - Is...more

8/9/2013 - Deductibles Errors and Omissions Policy Fire Damage Housing Developers Make-Whole Doctrine Self-Insurance Subrogation

Eighth Circuit Holds Abandoned Lead Concentrate Is a “Pollutant” for Purposes of CGL Policy Absolute Pollution Exclusion

Does environmental damage stemming from the abandonment of lead concentrate mined and processed on the insured’s property fall within the scope of the comprehensive general liability (CGL) policy’s absolute pollution...more

6/25/2013 - Commercial General Liability Policies Lead Pollution Exclusion

Connecticut Supreme Court Relieves Insurer of Duty to Defend Personal Injury Suit against Additional Insured

In an issue of first impression, and a rare opinion about insurance coverage, the Connecticut Supreme Court addressed whether an insurer has a duty to defend an additional insured when the complaint in the underlying personal...more

4/18/2013 - Additional Insured Business Invitees Commercial General Liability Policies Commercial Leases Duty to Defend Premises Liability Scope of Coverage

Illinois Appellate Court Endorses “All Sums” Allocation Rule for Asbestos Bodily Injury Losses under Excess and Umbrella Insurers

On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more

3/26/2013 - Asbestos Litigation Bodily Injury Excess Policies Joint and Several Liability Policy Stacking Pro Rata Allocation Rule Umbrella Policies

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