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Policy Exclusions NY Supreme Court

Cozen O'Connor

What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

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The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v....more

Wiley Rein LLP

Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion

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The New York Supreme Court, Appellate Division, has held that a “prior acts” exclusion in a directors and officers policy did not bar coverage for settlements reached by the insured in two related shareholder lawsuits,...more

Goldberg Segalla

Plaintiffs’ Judgment Covered in Part under Excess Policies, Subject to “All Sums” Allocation

Goldberg Segalla on

Supreme Court of New York, Monroe County - Meissner v. Ridge Constr., Inc., 2022 - N.Y. Misc. LEXIS 310 After obtaining a jury trial verdict of $8 million on November 19, 2019, in an action for asbestos exposure in...more

Carlton Fields

New York Supreme Court Allows Paint Company to Pursue Coverage for $102M Lead Paint Settlement

Carlton Fields on

In Certain Underwriters at Lloyd’s, London v. NL Industries Inc., a New York Supreme Court recently ruled that paint maker NL Industries Inc. may seek insurance coverage for its almost $102 million share of a settlement,...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

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