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 parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more
6/27/2024
/ Bad Faith ,
Breach of Contract ,
Claim Disclaimer ,
Counterclaims ,
Declaratory Judgments ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
New York ,
Policy Terms ,
Property Insurance ,
State Farm ,
Water Damage
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds-
87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more
5/23/2024
/ Auto Insurance ,
Business Losses ,
Declaratory Judgments ,
Default Judgment ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Landlords ,
New York ,
No-Fault Insurance ,
Policy Exclusions ,
Property Damage ,
Tenants
Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend-
622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance...more
Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises-
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory...more
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 Declines To Rescind Policy Based On Issues Of Fact As To Materiality Of Alleged Misrepresentations-
Union Mutual disclaimed coverage for a fire loss at its insured’s restaurant and sought to rescind its policy based...more
WDNY Follows Other New York Courts Holding That COVID-19 Losses Are
Not Covered-
The insured operated a martial arts and fitness business in Buffalo, New York, that sustained losses in revenue when its business closed...more
5/27/2021
/ Allstate ,
Business Closures ,
Business Interruption ,
Business Losses ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Cyberbullying ,
Declaratory Judgments ,
Emotional Distress Damages ,
Excess Policies ,
Property Insurance
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
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19-
Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
1/29/2021
/ All-Risks Insurance ,
Business Closures ,
Business Interruption ,
Car Accident ,
Civil Authority ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Examinations Under Oath ,
Hazardous Substances ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
No-Fault Insurance ,
Property Damage ,
Summary Judgment
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
Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks. Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a...more
United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more
6/30/2020
/ American Rule ,
Attorney's Fees ,
Breach of Duty ,
Commercial Bankruptcy ,
Corporate Officers ,
Debtor-Creditor ,
Declaratory Judgments ,
Directors ,
Duty to Defend ,
Fiduciary Duty ,
Insurance Litigation ,
Insureds ,
Liability Insurance ,
New York ,
State and Local Government ,
Successor Interests ,
Trusts ,
Unsecured Debt ,
Work-Product Doctrine