Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
8/29/2024
/ Bodily Injury ,
Burden of Proof ,
Declaratory Judgments ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Proof of Loss ,
Property Damage ,
State Farm ,
Summary Judgment ,
Water Damage
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...more
4/26/2024
/ Attorney's Fees ,
Bodily Injury ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Landlords ,
Legal Fees ,
Motion to Dismiss ,
Policy Exclusions ,
Property Damage ,
Tenants
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...more
1/31/2024
/ Attorney Malpractice ,
Bodily Injury ,
Breach of Duty ,
Contractors ,
Defense Costs ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion To Intervene ,
Policy Exclusions
Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to...more
8/30/2023
/ Attorney-Client Privilege ,
Bodily Injury ,
Burden of Proof ,
Claims Adjusters ,
Construction Project ,
Excess Policies ,
Insurance Claims ,
Insurance Industry ,
New York ,
Policy Exclusions ,
Property Insurance ,
Property Owners ,
Subcontractors
The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more
4/27/2023
/ Bodily Injury ,
Duty to Defend ,
Exclusions ,
General Contractors ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Property Damage ,
Property Insurance ,
Subcontractors ,
Third-Party ,
Workplace Injury
Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice-
In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its...more
Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent-
In December 2015, Luis Alberto was working on a construction...more
New York Court of Appeals Holds That Disgorgement Payment Under SEC Settlement Not Excluded As A Penalty Imposed By Law-
The Securities and Exchange Commission (SEC) alleged that Bear Stearns facilitated late trading and...more
12/29/2021
/ Bodily Injury ,
Commercial Leases ,
Default ,
Disgorgement ,
Homeowners ,
Insurance Industry ,
Landlords ,
Mortgages ,
New York ,
Securities and Exchange Commission (SEC) ,
Tenants ,
Wrongful Acts
Second Circuit Holds That General Contractor’s “True Excess” Policy Covers Owner Before Owner’s Primary Policy Because Of General Contractor’s Contractual Indemnity Obligation to Owner-
The Long Island Railroad on behalf...more
11/30/2021
/ Advertising Injury ,
Bodily Injury ,
Collateral Estoppel ,
Construction Industry ,
Construction Project ,
Contractors ,
Declaratory Judgments ,
Defamation ,
General Contractors ,
Indemnity Agreements ,
Insurance Industry ,
Natural Resources ,
Pollution Exclusion ,
Railroads
Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee-
A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more
10/28/2021
/ Additional Insured ,
Audits ,
Bodily Injury ,
Contractors ,
Default Judgment ,
Duty to Defend ,
Indemnity Agreements ,
Insurance Industry ,
Premiums ,
Subcontractors ,
Workplace Injury
Court Dismisses Claims Against Insurer For Bad Faith Failure To Settle, And For Consequential And Punitive Damages-
Scottsdale issued a policy to Watershed Ventures, LLC, which included Directors and Officers Liability...more
9/23/2021
/ Bad Faith ,
Bodily Injury ,
Business Losses ,
Civil Authority Coverage ,
Construction Project ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Duty to Defend ,
Insurance Industry ,
NY Supreme Court ,
Property Damage ,
Punitive Damages
Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”). The owner and GC filed a third-party action for contribution against a subcontractor insured by...more
A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more
2/23/2021
/ Appellate Courts ,
Bodily Injury ,
Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Declaratory Judgments ,
Insurance Industry ,
Rental Property ,
Shelter-In-Place ,
Subcontractors ,
Summary Judgment
ADDITIONAL AND NAMED INSUREDS/PRIORITY-
Court Rules “C/O” Company In Contract Not An Additional Insured-
A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working...
...more
1/29/2021
/ Asbestos ,
Assault ,
Auto Insurance ,
Bodily Injury ,
Declaratory Judgments ,
Default Judgment ,
Denial of Insurance Coverage ,
Duty to Defend ,
Estoppel ,
General Contractors ,
Homeowners ,
Hostile Environment ,
Independent Contractors ,
Insurance Industry ,
New York ,
Proof of Loss ,
Property Owners ,
Public Housing Authorities ,
State Farm ,
Uninsured and Under-Insured Motorists
C&S Franklin Realty (a landlord) filed a declaratory judgment action against the insurer of C&S’s tenant (a nightclub), seeking additional insured coverage for an underlying personal injury action alleging a slip and fall on...more
Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions. Waiting Room’s liability...more
12/1/2020
/ Bodily Injury ,
Declaratory Judgments ,
Disparate Treatment ,
Emotional Distress Damages ,
Estoppel ,
Fireman's Fund Insurance ,
Gender Discrimination ,
Independent Contractors ,
Injury-in-Fact ,
Reservation of Rights ,
Summary Judgment
SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle. After Tekel settled with the driver of the vehicle for the full limit of the...more
9/30/2020
/ Appeals ,
Auto Insurance ,
Bodily Injury ,
Car Accident ,
Default Judgment ,
Disclaimers ,
Insureds ,
Irrebuttable Presumptions ,
Limited Liability Company (LLC) ,
Notice Requirements ,
Personal Liability ,
Pollution Liability Insurance ,
Service of Process ,
Slip and Fall ,
Uninsured and Under-Insured Motorists