Adam Smith


NY Appellate Division Construes the "Caused By" Language In an Additional Insured Provision broadly

On January 19, 2012, the New York Appellate Division, First Department, in W & W Glass Sys., Inc. v. Admiral Ins. Co., 2012 N.Y. Slip Op 305 (N.Y. App. Div. 2012) unanimously affirmed the lower court's decision that the "caused…more
 /  Insurance

New York Appellate Division Holds Four Month Delay to Disclaim By Excess Insurer Violates NYIL Section 3420(d)

On January 17, 2012, the New York Appellate Division, First Department, overruled its own precedent by ruling that, in the context of bodily injury claims, insurance companies must notify policyholders “as soon as…more
 /  Insurance

New York Court of Appeals Addresses Annualization of Limits and "Stub" Policies

On February 22, 2011, New York’s highest state appellate court addressed the annualization of aggregate limits to a multi-year liability policy, including whether a two-month extension of the policy period provided the…more
 /  Insurance

Second Circuit Upholds Additional Insured Limitations; Discusses Impact of Certificates of Insurance

On December 23, 2010, the U.S. Court of Appeals for the Second Circuit upheld a requirement in an additional insured endorsement that the underlying contract must be “executed” prior to the loss in order for…more
 /  Insurance

New Jersey Appellate Division Upholds $30.3 Million Verdict In Mesothelioma Asbestos-Exposure Case

On April 5, 2010, the New Jersey Appellate Division upheld the state’s largest mesothelioma asbestos-exposure award in the case of Buttitta v. Allied Signal, Docket No. A-5263-07. The decision affirmed a February 2008…more
 /  Insurance

Blanket Reservation of Rights Letter Does Not Avoid Waiver of Coverage Defenses

On February 19, 2009, the New York Appellate Division, First Department, held that an insurer waived its right to disclaim coverage based on late notice because it failed to timely assert the defense, notwithstanding that its…more
 /  Insurance

Ninth Circuit Refuses Return of Inadvertently Produced Document

On October 28, 2008, the United States Court of Appeals for the Ninth Circuit, in, LLC v. Sprint Corp., Docket No. 07-35123 (9th Cir. Oct. 28, 2008), refused Sprint’s request to return an email message that…more
 /  Civil Procedure, Electronic Discovery

Recent Decision Denies Insurance Coverage for Mortgage-Related Liabilities

On September 30, 2008, the United States Court of Appeals, First Circuit, held that a fraud exclusion barred coverage to a mortgage originator/broker under the insured’s Errors & Omissions policy for claims of alleged…more
 /  Insurance

New York Appellate Division Denies Rescission Against Law Firm

On September 23, 2008, the New York Appellate Division, First Department, held that a law firm’s failure to inform its liability insurer of its client’s alleged securities fraud cannot form the basis of a rescission…more
 /  Insurance

New York High Court Denies Coverage to Bear Stearns for Settlement Entered Into in Violation of Consent to Settle Clause

The New York Court of Appeals upheld judgment in favor of Bear Stearns’ professional liability insurers, denying coverage for Bear Stearns’ $80 million settlement with regulatory agencies for research analysts’…more
 /  Insurance

Texas Appellate Court Finds Manifestation Trigger Applicable to Mold Claims

On November 21, 2007, in a matter of first impression, a Texas Court of Appeals held that the manifestation trigger of coverage applied to a progressive damage mold claim under a homeowners’ policy. Allstate Ins. Co. v…more
 /  Insurance, Toxic Torts

Sixth Circuit Holds That Excess Insurer May Sue Primary Insurer For Failure To Settle Within Primary Limits

On July 30, 2007, the United States Court of Appeals for the Sixth Circuit (applying Kentucky law) held that an excess insurer may pursue a claim against a primary insurer for failure to settle an underlying claim within primary…more
 /  Insurance

Stop Loss Insurers Not Governed By ERISA

On August 4, 2006, in Bank of Louisiana v. Aetna US Healthcare, Inc., 2006 WL 2212021 (5th Cir. 2206), the Fifth Circuit, held that the Employee Retirement Income Security Act (“ERISA”) did not preempt state law…more
 /  Insurance

Defense Verdict in Welding Rod Trial

On June 27, 2006, a jury rendered a defense verdict in the first of approximately 3,800 consolidated cases pending in federal court against welding rod manufacturers. The Cleveland jury found that the defendants were not liable…more
 /  Insurance

NJ Supreme Court Rules on Insurance Fraud Prevention Act

On March 14, 2006 ,the New Jersey Supreme Court eased the burden on insurers seeking to prove insurance fraud by policyholders. In Liberty Mutual v. Rose Land, et al., which involved a property damage claim under a…more
 /  Insurance
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