News & Analysis as of

NY Supreme Court Duty to Defend

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 2021

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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

Flaster Greenberg PC

New York Asbestos Ruling Could Change Insurers Approach

Flaster Greenberg PC on

Although many companies that historically used asbestos in their products have gone bankrupt, there are still many that have managed to survive. How? In some — perhaps many — cases, the answer may be due in no small part to...more

Carlton Fields

The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for...

Carlton Fields on

Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was...more

White and Williams LLP

New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment

White and Williams LLP on

A recent opinion by the New York Supreme Court, Appellate Division (Second Department) highlights the potential risks for an insurer leaving an insured unrepresented while the insurer pursues other parties or insurers who may...more

Carlton Fields

New York Trial Court Finds Lexington Has No Duty to Provide Coverage for Damages Stemming from an Insured’s Knowing and...

Carlton Fields on

County of Suffolk v. Lexington Ins. Co., Case Number 604661-2017, Supreme Court of the State of New York, Suffolk County - Under New York law, the requirement of a fortuitous loss is a necessary element for coverage to...more

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