News & Analysis as of

Disclaimers Insurance Industry

Rivkin Radler LLP

New York Insurance Coverage Law Update - August 2021

Rivkin Radler LLP on

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

Carlton Fields

NY Insurance Law 3420(d)(2) Is Strictly Enforced

Carlton Fields on

It is of paramount importance that liability insurers doing business in New York be aware of the heightened disclaimer obligations applicable to claims implicating Insurance Law § 3420(d)(2). The statute, which applies to...more

Melito & Adolfsen

NY Court of Appeals wrestles with whether insurer that responds to tendering insurer instead of to purported additional insured...

Melito & Adolfsen on

On 10/22/14, the Court of Appeals heard argument in Sierra v. 4401 Sunset Park. The Court had granted Scottsdale leave to appeal from the Second Department’s ruling that Scottsdale’s disclaimer to GNY, which had tendered an...more

Cozen O'Connor

Disclaimer Requirement of N.Y. Insurance Law § 3420(d)(2) Held Not to Apply to Property Damage Claims

Cozen O'Connor on

The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp....more

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