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
Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more
7/25/2024
/ D&O Insurance ,
Department of Environmental Protection ,
Derivative Suit ,
Environmental Protection Agency (EPA) ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New Jersey ,
New York ,
Policy Exclusions ,
Pollution Exclusion ,
Shareholders' Agreements
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
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 Erie and...more
3/28/2024
/ Claim Preclusion ,
Deeds ,
Foreclosure ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Materiality ,
New York ,
Policy Exclusions ,
Property Owners ,
Summary Judgment
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...more
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
The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more
10/27/2023
/ Claims Made Policy ,
Class Action ,
Co-Insured Issues ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
New York ,
Settlement Agreements ,
Stolen Goods ,
Underwriting
Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more
9/27/2023
/ Auto Insurance ,
Beneficiaries ,
Claim Disclaimer ,
Failure To Pay ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Life Insurance ,
New York ,
Policy Exclusions ,
Premiums ,
Property Insurance ,
Termination
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
Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella...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
Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured-
Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road...more
3/29/2023
/ Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Failure To Pay ,
Good Faith ,
Homeowners ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Non-Payment Clauses ,
Premiums ,
Property Insurance
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
Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14. The contractor was sued for property damage resulting from its construction work...more
12/29/2022
/ Breach of Contract ,
Embezzlement ,
Excess Policies ,
Good Faith ,
Homeowners ,
Insurance Industry ,
New York ,
Pro Rata Allocation Rule ,
Property Damage ,
Repairs ,
Time-Barred Claims
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
Southern District Holds That Claim For Unjust Enrichment Not Covered Claim For “Property Damage”-
The owners of a Manhattan apartment hired Zale Contracting to renovate their apart-ment. After the apartment’s sprinkler...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
In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year...more
New York’s Comprehensive Insurance Disclosure Act Amended-
On February 24, 2022, New York’s Comprehensive Insurance Disclosure Act was amended to remove some of the more controversial requirements, including that...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
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