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
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more
1/31/2024
/ Denial of Insurance Coverage ,
Duty to Defend ,
Estoppel ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Policy Exclusions ,
Policy Terms ,
Professional Liability ,
Property Insurance
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
Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was...more
12/27/2023
/ Amount in Controversy ,
Appraisal ,
Disability Benefits ,
Duty to Defend ,
Insurance Claims ,
Insurance Fraud ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Property Insurance ,
Scope of Coverage
New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy-
The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity...more
11/30/2023
/ Auto Insurance ,
Car Accident ,
Duty to Defend ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
New York ,
Premiums ,
Umbrella Policies
Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident-A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the...more
7/28/2023
/ Appraisal ,
Denial of Benefits ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Non-Payment Clauses ,
Policy Terms ,
Property Damage ,
Property Insurance
The insureds owned a house covered by an all-risk homeowner’s insurance policy issued by Erie Insurance Company of New York that provided coverage for damage to the house unless specifically excluded. The policy contained an...more
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 Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess-
Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more
2/28/2023
/ Construction Contracts ,
Contractors ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Omissions ,
Policy Exclusions ,
Summary Judgment ,
Umbrella Policies
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a...more
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
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
Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists...more
Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend-
Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an...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
Second Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy Where Tenant’s Employee Injured In Freight Elevator Used By Tenant-
Bed Bath & Beyond leased third-floor retail and office space at a...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
...more
1/27/2022
/ Bad Faith ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Estoppel ,
Exclusions ,
First-Party Coverage ,
Indemnification ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Uninsured and Under-Insured Motorists
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
Southern District of New York Holds That COVID-19 Claim Not Covered-
Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations...more
7/28/2021
/ Assault ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Contractors ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Manslaughter ,
Subcontractors
The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement. The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying...more
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
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