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
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
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
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 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
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
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
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
...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
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
New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more
7/30/2020
/ Business Property ,
Deadlines ,
Denial of Insurance Coverage ,
General Contractors ,
Liability Insurance ,
New York ,
Occurrence ,
Personal Property ,
Policy Exclusions ,
Proof of Loss ,
Property Damage ,
Public Adjusters ,
State and Local Government ,
Subcontractors ,
Water Damage
Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which...more
5/28/2020
/ Advertising ,
Advertising Injury ,
Assault ,
Battery ,
Claim Disclaimer ,
Duty to Defend ,
Employment Practices Liability Coverage ,
Gender Discrimination ,
Hostile Environment ,
Infringement ,
Misrepresentation ,
Policy Exclusions ,
Rescission ,
Retaliation ,
Sexual Assault ,
Sexual Harassment ,
Willful Misconduct