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
First Department Affirms That Business Interruption From COVID-19 Not Covered-
The insured purchased a commercial property policy that included business interruption coverage for its restaurants. The restaurants were...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
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 Enacts Comprehensive Insurance Disclosure Act-
On December 31, 2021, New York’s Governor Hochul signed into law the Comprehensive Insurance Disclosure Act, that requires defendants, third-party defendants, and...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
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
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
First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors-
Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more
6/29/2021
/ Allstate ,
Anti-Assignment Clauses ,
Asbestos ,
AT&T ,
Construction Industry ,
General Contractors ,
Liability ,
Malpractice Insurance ,
Negligence ,
Nokia ,
Policy Exclusions ,
Sexual Harassment ,
Subcontractors
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
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
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
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