Recent Publications - Alan C. Eagle


New York Insurance Coverage Law Update
March 29, 2018 | Alan C. Eagle | Insurance Coverage
Second Circuit Rules Professional Services Exclusion In D&O Policy Barred Coverage For Facebook Investors’ Claims Against NASDAQ After conducting the initial public offering for Facebook, Inc., the NASDAQ public stock exchange was sued. NASDAQ settled for $26.5 million. An insurer that issued a directors and officers policy to NASDAQ contended that the claims against NASDAQ …
Read More
New York Insurance Coverage Law Update
February 28, 2018 | Alan C. Eagle | Insurance Coverage
Auto Policy Covers Suit Alleging Passenger Tripped After Bus Arrived At Location, First Department Says  After a bus arrived at its destination, the driver unloaded the luggage. A passenger allegedly tripped while looking for her suitcase and sued the bus company. The Appellate Division, First Department, held that the bus company was entitled to a …
Read More
New York Insurance Coverage Law Update
January 28, 2018 | Alan C. Eagle | Insurance Coverage
General Contractor Obtains Additional Insured Coverage Under Policy Issued To Subcontractor That Was “Proximate Cause” Of Damage A fire occurred on the Throgs Neck Bridge while the roadway deck was being replaced. The general contractor sought additional insured coverage under an insurance policy issued to its subcontractor and maintained that the fire damage was “caused, …
Read More
New York Insurance Coverage Update
December 19, 2017 | Alan C. Eagle | Insurance Coverage
New York Federal Court Upholds Insurer’s Decision To Void Policy For Material Misrepresentation In Application An application submitted by the insured’s broker for insurance on an apartment building in the Bronx indicated that the building was not vacant and was not undergoing any major renovations. The policy was issued and the building was subsequently vandalized. …
Read More
New York Insurance Coverage Law Update
October 27, 2017 | Alan C. Eagle | Insurance Coverage
Appellate Division Rules That Policy Covered Loss Caused By A Defect That Began Before Policy’s Effective Date The insured made a claim under its insurance policy for losses that resulted when a power-generating turbine was taken out of operation due to excessive vibrations. The vibrations were found to have been caused by a crack in …
Read More
New York Insurance Coverage Law Update
September 2, 2017 | Alan C. Eagle | Insurance Coverage
Insurer Failed To Demonstrate Insured’s Noncooperation, Second Department Rules The claimant sued ML Specialty Construction, Inc., alleging that her property had been damaged by construction work performed by ML on a neighbor’s property.  ML’s insurer retained counsel to defend ML. The insurer disclaimed coverage on the ground that ML stopped cooperating after five years, and …
Read More
New York Insurance Coverage Law Update
August 22, 2017 | Alan C. Eagle | Insurance Coverage
“Vertical Exhaustion” Of Primary Policies Triggered Excess, But Excess Policies’ Prior Insurance Provision Limited Insured’s Recovery, Second Circuit Holds  Olin Corporation, a chemical manufacturer, contended that an excess insurer that had issued three consecutive annual policies had to indemnify it for environmental con-tamination that had taken place over a number of years at several manufacturing …
Read More
New York Insurance Coverage Law Update
July 28, 2017 | Insurance Coverage
No Additional Insured Coverage Where Alleged Accident Occurred Off Leased Space An employee of Linea 3 allegedly was injured in the parking lot while walking from his car to space Linea leased in a building owned by Atlantic Ave. Sixteen AD, Inc. The employee sued Atlantic, which sought additional insured coverage under Linea’s policy. The …
Read More
New York Insurance Coverage Update
June 14, 2017 | Alan C. Eagle | Insurance Coverage
New York Court Of Appeals Limits Scope Of Additional Insured Coverage  An excavator contracted with the New York City Transit Authority (“NYCTA”) to perform tunnel excavation work on a subway construction project. Its excavation machine touched a live, buried electrical cable, resulting in an explosion and injury to the claimant. The claimant sued the City, …
Read More
New York Insurance Coverage Law Update
May 31, 2017 | Insurance Coverage
Court Rejects Insurers’ Defenses To Coverage For Bear Stearns’ Settlement With SEC Bear Stearns agreed to pay $250 million to resolve claims by the Securities and Exchange Commission that it had facilitated its customers’ late trading and market timing practices in its performance of clearing services on their behalf.  Of that amount, part was labeled …
Read More
New York Insurance Coverage Law Update
April 28, 2017 | Insurance Coverage
Court Holds Insurer Did Not Establish Insured’s Failure To Cooperate An insurer’s disclaimer based on the insured’s lack of cooperation was challenged in court. The Appellate Division, Second Department, found that the insurer made diligent efforts that were reasonably calculated to obtain its insured’s cooperation. However, the court ruled that the disclaimer could not be …
Read More
New York Insurance Coverage Law Update
March 7, 2017 | Insurance Coverage
Claims-Made Policy Afforded Insured 60 Days After End Of Term To Notify Insurer  An employee of New York Institute of Technology (“NYIT”) sued NYIT for defamation on February 26, 2009, and NYIT received notice of the action on August 6, 2009. NYIT’s claims-made-and-reported insurance policy ended on September 1, 2009. NYIT notified its insurer of …
Read More
New York Insurance Coverage Law Update
February 1, 2017 | Insurance Coverage
No-Fault Insurer Timely Requested EUO Of Provider After Conducting Assignor’s EUO, Court Rules On December 19, 2013, after receiving a health care provider’s bills requesting payment of assigned no-fault benefits, the insurer conducted a timely examination under oath (“EUO”) of the assignor. On January 9, 2014, believing that the assignor’s testimony raised questions regarding the …
Read More
New York Insurance Coverage Law Update
January 31, 2017 | Insurance Coverage
“Contractual Privity” Not Required For Project Consultant To Be “Additional Insured,” New York Trial Court Rules Rockefeller Group Development Corp-oration, as an agent for 1221 Avenue Holdings LLC, contracted with A. Best Contracting Co., Inc. (“Abestco”) to have Abestco perform construction work at 1221 Avenue of the Americas in Manhattan. The contract allegedly required that …
Read More
New York Insurance Coverage Law Update
December 29, 2016 | Insurance Coverage
Sagging Roof Was Not A Collapse, Court Confirms The owner of a building in the Bronx sought coverage under its property policy for a damaged roof, claiming it “collapsed,” a covered cause of loss under the policy.  The court granted the insurer’s motion for summary judgment, finding that “no part of the premises fell to …
Read More
New York Insurance Coverage Law Update
November 30, 2016 | Insurance Coverage
Private Dispute Over Policy Coverage Did Not Support Insured’s GBL § 349 Claim Against Insurer, Fourth Department Rules A building owner sued its insurance company for deceptive acts and practices under New York General Business Law § 349, alleging that the insurer had retained a non-engineer to conduct an investigation into its claim for damage to its building and …
Read More
New York Insurance Coverage Law Update
October 30, 2016 | Insurance Coverage
Insured Could Not Recover Its Attorneys Fees From Insurer, Fourth Department Decides A construction company sued its insurer, alleging that it had breached its coverage obligations under a commercial auto insurance policy. The trial court awarded the construction company the attorneys fees it had incurred in prosecuting the action, and the insurer appealed. The Appellate …
Read More
New York Insurance Coverage Law Update
September 6, 2016 | Insurance Coverage
Insurer Need Not Indemnify Insured For Property Damage Attributable To Periods When Liability Insurance Was Unavailable Keyspan Gas East Corporation brought a declaratory judgment action seeking indem-nification for the costs of environ-mental clean-up at two gas plants. The Appellate Division, First Department, deciding an issue of first impression in New York State appellate courts, held …
Read More
New York Insurance Coverage Law Update
August 31, 2016 | Insurance Coverage
“Sewage” Is Pollutant Under Pollution Exclusion, New York Federal Court Rules Families residing near Love Canal sued Roy’s Plumbing, Inc., alleging that its negligence had led to the discharge of hazardous chemicals onto their property and into their homes. Roy’s sought coverage from its insurer, arguing that its policy’s total pollution exclusion did not apply …
Read More
New York Insurance Coverage Law Update
July 29, 2016 | Insurance Coverage
Insurer Must Provide “Specific Objective Justification” For EUO Request Upon Provider’s Timely Inquiry Avalon Radiology P.C. submitted no-fault claims to Ameriprise Insurance Company, and the insurer noticed an examination under oath (“EUO”) for Avalon. Avalon responded with a letter asking for the good faith, objective reason for Ameriprise’s request for an EUO pertaining to Avalon’s …
Read More
New York Insurance Coverage Law Update
June 29, 2016 | Insurance Coverage
Health Insurer That Paid Insured’s Medical Bills May Not Demand Reimbursement From Insured’s No-Fault Carrier, N.Y. Court Of Appeals Rules After Luz Herrera was injured in a car accident, her health insurer, Aetna Health Plan, paid bills submitted by her medical providers. Aetna subsequently sought reimbursement from Herrera’s no-fault automobile insurer, Hanover Insurance Company, alleging …
Read More
New York Insurance Coverage Law Update
May 31, 2016 | Insurance Coverage
N.Y. Court Of Appeals Finds That “All Sums” Allocation And “Vertical” Exhaustion Apply In Asbestos Coverage Case Based On Policies’ Language Viking Pumps, Inc. faced significant potential liability in connection with asbestos claims. As its primary and umbrella coverage neared exhaustion, litigation arose regarding whether Viking was entitled to coverage under excess policies issued to …
Read More
New York Insurance Coverage Law Update
April 2, 2016 | Insurance Coverage
State Attorney General’s Letter Was A “Demand” That Precluded Coverage For Subsequent Federal Prosecution Edward Weaver, the former chief executive officer of Multivend, LLC, sued Axis Surplus Insurance Company for breach of contract, challenging its refusal to provide coverage to him under Multivend’s directors and officers liability insurance policy for his criminal prosecution by the …
Read More
New York Insurance Coverage Law Update
March 1, 2016 | Insurance Coverage
Prisoners’ Class Action Constituted Multiple Occurences, Court Of Appeals Rules A proposed class action lawsuit was filed against a county in upstate New York after it implemented a policy of strip-searching every prisoner admitted into its jail. The county’s insurer agreed to provide a defense, subject to policy limits and the deductible for personal injury …
Read More
New York Insurance Coverage Law Update
February 29, 2016 | Insurance Coverage
No Coverage Under Title Insurance Policy Where Insured Settled Claim Without Insurer’s Consent The insured settled a dispute without obtaining his title insurer’s consent and then sought coverage under the policy. The title insurer denied the claim, and the insured sued. The trial court dismissed the complaint and the insured appealed. The appellate court affirmed, …
Read More
New York Insurance Coverage Law Update
January 29, 2016 | Insurance Coverage
No Coverage For Crane Damaged By Superstorm Sandy, New York Appellate Court Rules A 750-foot tall tower crane affixed to a 74-story mixed-use hotel and residential building under construction in Manhattan was dislodged and partially destroyed by Superstorm Sandy. The project’s owner and construction manager sued the insurers that had issued a $700 million builder’s …
Read More
New York Insurance Coverage Law Update
December 31, 2015 | Insurance Coverage
One Party’s Default Did Not Preclude Others From Litigating Coverage, Court Rules After allegedly falling on property owned by Ann Einhorn, Avigdor Ehrenfeld sued Einhorn and Beth Jacob Day School. Einhorn’s insurer disclaimed coverage on the ground that Einhorn did not reside at the property and, therefore, it was not an “insured location.” The insurer …
Read More
New York Insurance Coverage Law Update
December 1, 2015 | Insurance Coverage
Named Insured’s Negligence Was Not Needed To Trigger Additional Insured Coverage, Northern District Rules An electrician working for a subcontractor on a construction project sued the general contractor for bodily injury, alleging that he had fallen from a ladder.  The general contractor sought to be defended and indemnified as an additional insured under the subcontractor’s …
Read More
New York Insurance Coverage Law Update
October 31, 2015 | Insurance Coverage
Second Circuit Applies “Unfortunate Event Test” To Find That Incidents Amounted To Three Accidents A dump box attached to a dump truck struck and damaged an overpass owned by the New York State Thruway Authority. After hitting the overpass, the dump box separated from the truck and landed in the right lane of the highway. …
Read More
New York Insurance Coverage Law Update
October 1, 2015 | Insurance Coverage
Court Finds Coverage For Owner As Additional Insured And Rejects Insurer’s Late Notice Argument In October 2012, an employee of Tyco Integrated Security LLC went to a construction site to meet with the construction manager about providing security services for the project, and he allegedly tripped and fell entering a bathroom before the meeting began.  …
Read More
New York Insurance Coverage Law Update
August 1, 2015
Law Regarding Certificates Of Insurance Takes Effect In New York Effective July 28, 2015, Section 502 of the New York Insurance Law provides that a certificate of insurance (i) shall not amend, extend, or alter the coverage provided by the underlying insurance policy, and (ii) shall not confer any rights beyond those expressly provided by …
Read More
New York Insurance Coverage Law Update
July 1, 2015
New York’s Top Court Rules On Evidence Medical Provider Must Submit To Obtain Judgment Against No-Fault Insurer The New York Court of Appeals ruled that a medical provider demonstrated prima facie entitlement to summary judgment in a no-fault insurance action by submitting evidence that payment of no-fault benefits was overdue, and that proof of its …
Read More
New York Insurance Coverage Law Update
June 1, 2015
Fourth Department Rules Insurer Must Disclose Certain Pre-Litigation Claim File Documents Prepared By Counsel After the plaintiff sued an insurer for supplementary underinsured motorist coverage benefits, she sought the insurer’s entire claim file.  The Appellate Division, Fourth Department, ruled that the plaintiff was not entitled to disclosure of documents created after she filed her lawsuit.  …
Read More
New York Insurance Coverage Law Update
May 1, 2015
Appellate Court Rules Subcontractor’s Insurer Must Defend And Indemnify General Contractor In Suit By Subcontractor’s Employee A subcontractor’s employee sued the general contractor, alleging that he was injured when he lost his footing on a stairway while working on a construction project. The general contractor sought coverage as an additional insured under the subcontractor’s insurance …
Read More
New York Insurance Coverage Law Update
April 1, 2015 | Insurance Coverage
No Coverage For Claims Stemming From Lawyers’ “Hybrid” Law And Business Activities On Client’s Behalf A client sued a law firm, its partners, and a separate limited liability partnership (the “LLP”) in which she claimed one of the firm’s partners was the “managing member.” The client asserted that the attorneys had induced her to proceed …
Read More
New York Insurance Coverage Law Update
March 1, 2015 | Insurance Coverage
Claim That Home Was Damaged After Water Main Ruptured And Flooded Basement Was Precluded By Water Exclusion, New York’s Top Court Rules Homeowners alleged that a subsurface water main abutting their home ruptured, causing water to flood into and severely damage their home’s finished basement. Their homeowners’ insurer disclaimed coverage and the homeowners sued. The …
Read More
New York Insurance Coverage Law Update
February 1, 2015 | Insurance Coverage
“Contracted Person Exclusion” Bars Coverage For Underlying Personal Injury Action, Federal Court Holds Omni Build, Inc., the general contractor for a construction project in Brooklyn, New York, hired Zom Corp. as a masonry sub-contractor.  Zom  contracted with Stone Age Equipment for a boom truck to hoist cinder blocks.  A Stone Age employee who allegedly was …
Read More
New York Insurance Coverage Law Update
January 1, 2015 | Insurance Coverage
Failure of Healthcare Providers’ Assignors To Appear At Scheduled EUOs Dooms Their Claim For No-Fault Benefits Healthcare providers’ assignors failed to appear at examinations under oath (“EUOs”) scheduled by the no-fault insurer.  The insurer asked the court to declare that the providers were not entitled to receive       no-fault benefits. The court cited to precedent holding …
Read More
New York Insurance Coverage Law Update – Compilation – 2014
January 1, 2015 | Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2014. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. New York Insurance Coverage Law Update – Compilation 2014 …
Read More
New York Insurance Coverage Law Update
December 1, 2014 | Insurance Coverage
Insurer Must Send Disclaimer To Purported Additional Insureds, New York Court Of Appeals Decides The owner and managing agent of an apartment building hired a contractor to perform renovations. One of the con-tractor’s employees alleged that he was injured at the site and sued the owner and managing agent, who were insureds under their own …
Read More
New York Insurance Coverage Law Update
November 1, 2014 | Insurance Coverage
Court Dismisses General Contractor’s “Bad Faith” Claims Against Subcontractor’s Insurer A general contractor sued a subcontractor’s insurer for additional insured coverage and “breach of the implied covenant of good faith and fair dealing” and breach of its “fiduciary obligations.”  The court dismissed the extra-contractual claims, reasoning that there were no allegations of  “independent breaches of …
Read More
New York Insurance Coverage Law Update
October 1, 2014 | Insurance Coverage
SUM Benefits Triggered In $300,000/$300,000 Policy Where Other Driver’s Policy’s Limits Were $100,000/$300,000 The insured alleged that he was injured in an accident caused by the driver of another car who was insured by a “split limit” policy providing a bodily injury liability limit of $100,000 per person and $300,000 per accident.  Because those limits …
Read More
New York Insurance Coverage Update
September 1, 2014 | Insurance Coverage
Insured’s Indemnification Obligation Did Not Create Insurance Coverage Where None Otherwise Existed, Court Finds  Claimant sued Boulder Creek and BIT Investment for injuries she allegedly sustained when she fell outside premises owned by BIT and leased to Boulder Creek.  Boulder Creek asserted a cross-claim against BIT for contractual indemnity under the lease and sought coverage …
Read More
New York Insurance Coverage Update
August 1, 2014 | Insurance Coverage
“Other Insurance” Clause Bars Primary OCPL Insurer’s Contribution Claims Against Contractor’s Other Carriers Erie Painting & Maintenance, Inc. contracted with the New York State Thruway Authority to perform painting work. An Erie employee alleged that he was injured while working on the project, and he sued the Authority. Arch Insurance Company, which had issued a …
Read More
New York Insurance Coverage Update
July 1, 2014 | Insurance Coverage
Insurer’s Disclaimer Of Bodily Injury Claims Found Timely When Earlier Notice Only Indicated Property Damage An insurer was notified on June 30, 2008 of alleged property damage to an apartment building caused when the insureds’ employees were applying a floor finish.  A year later, on July 2, 2009, the employees’ counsel notified the insurer that …
Read More
New York Insurance Coverage Update
June 1, 2014 | Insurance Coverage
Second Circuit Finds Policy Issued to Hospital Was Excess To Policy Issued To Nurse A nurse who worked at the Westchester Medical Center (“WHC”) settled a medical malpractice suit. The court ruled that the policy that WCH had obtained for itself and its staff was excess to the nurse’s professional liability policy because the WCH …
Read More
New York Insurance Coverage Update
May 1, 2014 | Insurance Coverage
Appellate Court Affirms Order Requiring Insurers To Produce Investigation Documents Created Before They Denied Coverage After a steam turbine power generator at Ravenswood Generating Station in Queens, New York, shook violently and was shut down, the operator notified its insurers of the loss. The insurers hired insurance adjusters and attorneys to assist in the investigation and …
Read More
New York Insurance Coverage Update
April 1, 2014 | Insurance Coverage
Court Finds No Duty To Defend Based Upon “Auto Business” Exclusion After Looking At Judicial Admissions Outside Underlying Complaint Sam’s Tires & Automotive, Inc., sent Clarence Riffle to deliver tires in a truck owned by its president, Jerry Rosato. Riffle struck a motorcycle operated by Kyle Wagner, who sued. Rosato’s personal auto insurer, Travelers, defended …
Read More
New York Insurance Coverage Law Update
March 1, 2014 | Insurance Coverage
New York Appellate Division Allows Private Right Of Action Against Health Care Insurer Under Prompt Pay Law The New York Appellate Division, Second Department, has ruled that Insurance Law § 3224-a, known as the “Prompt Pay Law,” affords claimants a private right of action to recover payment for health care services based on a violation of …
Read More
New York Insurance Coverage Update
February 1, 2014 | Insurance Coverage
New York Court of Appeals Vacates K2, Rejecting “Automatic Indemnity” Where Insurer Breaches Duty to Defend In K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., the insurer breached its duty to defend, and a default judgment was entered against its insured. The New York Court of Appeals has vacated its controversial June …
Read More
New York Insurance Coverage Update
January 1, 2014 | Insurance Coverage
Insurer Ordered To Produce Electronic Claims Diary and Counsel’s Letters Concerning Their Investigation On Behalf Of Insurer Insureds claimed that their boat had been vandalized. Their insurer denied the claim and the insureds sued. The insureds then moved to compel the insurer to produce an unredacted copy of an electronic claims diary prepared by an …
Read More
New York Insurance Coverage Law Update – Compilation – 2013
January 1, 2014 | Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update – Compilation-2013. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. New York Insurance Coverage Law Update – Compilation-2013 …
Read More
New York Insurance Coverage Update
December 1, 2013 | Insurance Coverage
Court Rules Reservation of Rights Did Not Satisfy Insurer’s Timely Disclaimer Obligation In 2006, the insurer reserved rights as to the insured’s claim for coverage for an accident, but the insurer did not disclaim until 2009, one year after its insured was sued and the insurer was provided with a copy of the complaint.  The …
Read More
New York Insurance Coverage Law Update
November 1, 2013 | Insurance Coverage
New York’s Top Court Answers Two Certified Questions About “Vandalism” The walls and foundation of the insured’s building allegedly cracked as a result of the acts of an allegedly irresponsible excavator working on neighboring property. In response to two questions certified by the Second Circuit, the New York Court of Appeals ruled that (1) a …
Read More
New York Insurance Coverage Law Update
October 1, 2013 | Insurance Coverage
Appellate Court Finds No Coverage for Post-Fire Asbestos Remediation Costs After a fire damaged a building owned by Conley & Tibbitts Properties, LLC, a survey found asbestos, which New York required Conley to remediate. Conley’s insurer denied coverage for the asbestos removal, and Conley sued. The court upheld the disclaimer, reasoning that the policy excluded …
Read More
New York Insurance Coverage Law Update
September 1, 2013 | Insurance Coverage
New York’s Highest Court Grants Reargument in Controversial K2 Case The New York Court of Appeals has agreed to hear reargument of the controversial decision in which it held that “when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its duty …
Read More
New York Insurance Coverage Law Update
August 1, 2013 | Insurance Coverage
Appellate Court Upholds Jury Decision Finding Health Care Provider’s Fraudulent Incorporation The Appellate Term, Second Department, upheld a jury verdict finding that a health care provider was ineligible to recover $18 million in no-fault insurance benefits because it was fraudulently incorporated. The appellate court found “ample evidence” that the provider failed to comply with New …
Read More
New York Insurance Coverage Law Update
July 1, 2013 | Insurance Coverage
N.Y. Court of Appeals Reinstates Bear Stearns’ Complaint for Indemnification of “Disgorgement Payment” After Bear Stearns settled “late trading” and “market timing” charges with the Securities and Exchange Commission, it sought indemnification from its professional liability and excess insurers for what the SEC had characterized as a “disgorgement payment.” Bear Stearns alleged that a substantial …
Read More
New York Insurance Coverage Law Update
June 1, 2013 | Insurance Coverage
New York’s Highest Court Holds That Liability Insurer that Breached Duty to Defend Must Indemnify Insured for Judgment, Even if Policy Exclusions Would Have Negated Duty to Indemnify The New York Court of Appeals has ruled that, when a liability insurer has breached its duty to defend, it “must indemnify its insured for the resulting …
Read More
New York Insurance Coverage Law Update
May 1, 2013 | Insurance Coverage
Verdict in Negligence Suit Did Not Preclude Application of Intended Bodily Injury Exclusion in Coverage Case After his car was struck by a vehicle driven by Edmund Schwartz, Walter Dreyer allegedly intentionally drove his vehicle into Schwartz. Schwartz sued Dreyer, asserting negligence and intentional tort causes of action. Only the negligence claim was submitted to …
Read More
New York Insurance Coverage Law Update
April 1, 2013 | Insurance Coverage
 No Coverage Where No Written Agreement To Name City As Additional Insured Harleysville issued general liability insurance policies to Bruno Grgas, Inc. and to Coastal Sheet Metal Corp., providing additional insured coverage where the insured and the organization seeking additional insured coverage agreed in writing that the insured add the organization as an additional insured.  …
Read More
New York Insurance Coverage Law Update
March 1, 2013 | Insurance Coverage
Court, Not Arbitrator, Must Decide Whether Accident Involved an Uninsured Motorist After Alexander Aizin was involved in a motor vehicle accident, he sought arbitration of his claim against his automobile insurer for uninsured motorist benefits. The insurer moved for a stay of arbitration, arguing that, based upon the police accident report, Aizin was not involved …
Read More
New York Insurance Coverage Law Update
February 1, 2013 | Insurance Coverage
 Court, Not Arbitrator, Must Decide Whether Accident Involved an Uninsured Motorist After Alexander Aizin was involved in a motor vehicle accident, he sought arbitration of his claim against his automobile insurer for uninsured motorist benefits. The insurer moved for a stay of arbitration, arguing that, based upon the police accident report, Aizin was not involved …
Read More
New York Insurance Coverage Law Update
January 1, 2013 | Insurance Coverage
Court Holds Insurer Was Prejudiced By Late Notice That Resulted In Lost Opportunity To Investigate After the roof of a commercial building in New York City collapsed, the second floor and roof were demolished and removed as ordered by the City.  Approximately 5½ months later, the insurer of the contractor that performed work on the …
Read More
New York Insurance Coverage Law Update – 2012 Compilation
January 1, 2013 | Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update – 2012 Compilation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. New York Insurance Coverage Law Update – 2012 Compilation …
Read More
New York Insurance Coverage Law Update
December 1, 2012 | Insurance Coverage
Alleged Injury As Woman Exited Bus Did Not Arise Out Of Its “Use Or Operation,” NY Court Of Appeals Rules The Court of Appeals has held that a woman who allegedly injured her ankle as she exited a New York City bus and stepped into a hole could not recover no-fault benefits because her alleged …
Read More
New York Insurance Coverage Law Update
November 1, 2012 | Insurance Coverage
“Residence Premises” Raises Question Of Fact Under Circumstances Insureds purchased a home and began renovating it before moving in. The home was destroyed by fire and the insurer disclaimed coverage because the home was unoccupied and did not quality as a “residence premises.” New York’s highest court, the Court of Appeals, ruled that there was …
Read More
New York Insurance Coverage Law Update
October 1, 2012 | Insurance Coverage
Auto Exclusion Bars Coverage For Injuries Resulting From Employer’s Auto Driven By Employee During Crime Spree After an employee who used a company car during a crime spree injured a police officer, a jury found that the company was negligent in hiring the employee and entrusting a vehicle to him. The company sought coverage for …
Read More
New York Insurance Coverage Law Update
September 1, 2012 | Insurance Coverage
Insurer’s Failure To Comply With Regulation Establishing Time Limits To Accept Or Reject Property Claims Does Not Preclude It From Relying Upon Exclusion To Disclaim Coverage After a homeowner sued her insurer for compensation under her homeowner’s insurance policy for fire damage, the insurer raised affirmative defenses to coverage. The New York Court of Appeals …
Read More
New York Insurance Coverage Law Update
August 1, 2012 | Insurance Coverage
Appellate Court Reinstates Claims Against Homeowner’s Insurer A homeowner sued his insurer for damage from a burst water pipe. The appellate court affirmed the trial court’s decision to dismiss the homeowner’s claims for intentional and negligent infliction of emotional distress, finding that the insurer’s alleged conduct “did not so transcend the bounds of decency as …
Read More
New York Insurance Coverage Law Update
July 1, 2012 | Insurance Coverage
Corning sought coverage for thousands of claims arising from the distribution and/or manufacture of two asbestos-containing products. The court said the insurers failed to make out a prima facie case that each of the thousands of claims constituted a separate occurrence. The court reasoned that claims arising from exposure to an asbestos condition at a …
Read More
New York Insurance Coverage Law Update
June 1, 2012 | Insurance Coverage
Failure To Timely Notify Insurer Dooms Effort To Recover Default Judgment The insured did not notify its liability insurer when the claimant slipped and fell on the insured’s property in July 1999, or when she was sued in 2001, or when the insured declared bankruptcy and entered into a stipulation allowing the claimant to sue …
Read More
New York Insurance Coverage Law Update
May 1, 2012 | Insurance Coverage
Insured’s Failure To Notify Insurer Of Arbitration Settlement Dooms SUM Claim After the insured was involved in a car accident, he settled an arbitration with the alleged tortfeasor and then sought supplementary uninsured/underinsured coverage under his auto policy. The insurer denied the claim, asserting that it had not received written notice of the insured’s intention …
Read More
New York Insurance Coverage Law Update
April 1, 2012 | Insurance Coverage
Statute of Limitations Begins to Run When Insurer Could Seek Payment of Adjusted Premiums, Not When It Later Issued Invoices Hahn Automotive Warehouse, Inc. obtained insurance policies that required regular adjustments of premiums based on actual claims experience. An insurer discovered in 2005 that it had not billed Hahn for years of adjusted premiums and …
Read More
New York Insurance Coverage Law Update
March 1, 2012 | Insurance Coverage
No Coverage For Landlord As Additional Insured, Court of Appeals Decides A landlord was an additional insured under a commercial general liability policy issued to a tenant “only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to [the tenant].” The New York Court of …
Read More
New York Insurance Coverage Law Update
February 1, 2012 | Insurance Coverage
Insurer Precluded From Delaying Disclaimer On Valid Ground While Investigating Other Grounds An insurer that had sufficient information to disclaim coverage on the ground of late notice issued a disclaimer on that ground nearly four months later. The Appellate Division, First Department, ruled that the disclaimer was ineffective pursuant to New York Insurance Law § …
Read More
New York Insurance Coverage Law Update
January 1, 2012 | Insurance Coverage
Employee May Receive Uninsured Motorist Benefits From Self-Insured Employer Despite Workers’ Compensation Law An employee of a self-insured employer was injured in an accident while driving the employer’s car. The person driving the other car did not have liability insurance, and the employee sought uninsured motorist benefits from his employer. The employer contended that the …
Read More
New York Insurance Coverage Law Update – 2011 Summary
January 1, 2012 | Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update – 2011 Summary. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. New York Insurance Coverage Law Update – 2011 Summary …
Read More
New York Insurance Coverage Law Update
December 1, 2011 | Insurance Coverage
Insurer Prejudiced From Late Notice An insurer was given notice five years after an auto accident involving its insured, two years after an action was filed against its insured, after destruction of the truck involved in the accident, and after summary judgment had been granted on the issue of liability (not damages) against its insured. …
Read More
New York Insurance Coverage Law Update
November 1, 2011 | Insurance Coverage
Insurer Estopped From Denying Excess Coverage The general contractor and owner of a construction site sought coverage under an excess insurance policy issued to their subcontractor with respect to an underlying personal injury action. The excess insurer acknowledged coverage and participated in the defense. After partial summary judgment was awarded in favor of the plaintiffs …
Read More
New York Insurance Coverage Law Update
October 1, 2011 | Insurance Coverage
Court Rules Acts Of Alleged Sexual Abuse Over Years Are Multiple Occurrences Implicating Multiple SIRs A mother of a minor girl sued the Roman Catholic Diocese of Brooklyn, alleging that the Reverend James Smith had sexually abused the girl over a number of years. The Diocese then sued its insurer for reimbursement of defense costs …
Read More
New York Insurance Coverage Law Update
September 1, 2011 | Insurance Coverage
Assault And Battery Exclusion Bars Coverage Where Security Guard Allegedly Threw Glass At Plaintiff’s Face After a fight broke out at the “Beauty Bar” in Manhattan, a woman sued Jinx-Proof Inc., contending that she had been injured when a security guard threw a glass at her face. Jinx-Proof’s commercial general liability insurer asserted that there …
Read More
New York Insurance Coverage Law Update
August 1, 2011 | Insurance Coverage
No Coverage Where Building Insured As Two-Family Dwelling Had Three Apartments An insurance company that issued an insurance policy to owners of a building asserted that they were not entitled to defense or indemnity for a personal injury action because the owners represented that the building was a two-family dwelling but the building actually contained …
Read More
New York Insurance Coverage Law Update
July 1, 2011 | Insurance Coverage
Exclusion Did Not Bar Coverage For Wrongful Death Claim By Noninsured Father Following Daughter’s Death A girl drowned at her grandparents’ home, where she lived. The girl’s father, who did not live with the grandparents, obtained a wrongful death judgment and filed a direct action against the grandparents’ homeowner’s insurer. The Court of Appeals explained …
Read More
New York Insurance Coverage Law Update
June 1, 2011 | Insurance Coverage
Insured May Not Recover Attorneys’ Fees From Insurer In Property Damage Case An insurer sued its insured for a declaration of no coverage, and the court ruled that the insurer was obligated to cover damage to the insured’s building. The court also awarded the insured $41,000 in attorneys’ fees. The insurer appealed, and the Appellate …
Read More
New York Insurance Coverage Law Update
May 1, 2011 | Insurance Coverage
Assignor’s Failure To Appear At IME Dooms Provider’s Claim For No-Fault Benefits A health care provider that had been assigned first-party no-fault benefits sued the insurance company for payment. The insurer moved for summary judgment, asserting that the provider’s assignor had failed to appear for an independent medical examination (“IME”). The court explained that although …
Read More
New York Insurance Coverage Law Update
April 1, 2011 | Insurance Coverage
Exclusion Did Not Bar Coverage For Third Party’s Alleged Injuries In ATV Accident On Insured’s Property After the operator of an all terrain vehicle allegedly sustained personal injuries on property owned by Grande Stone Quarry, LLC, the property owner’s general liability insurer disclaimed coverage to the property owner based upon an exclusion for bodily injury …
Read More
New York Insurance Coverage Law Update
March 1, 2011 | Insurance Coverage
Court of Appeals Annualizes $30 Million Limit of Three-Year Excess Policy But Refuses To Find Additional Year Of Policy Limit Because Of Two-Month Extension Union Carbide Corporation contended that the six insurance companies that provided it with $30 million of “fifth excess layer” coverage owed it $90 million – $30 million for each year of …
Read More
New York Insurance Coverage Law Update
February 1, 2011 | Insurance Coverage
Court Rejects Claim That Non-Original Equipment Manufacturer Parts Are “Universally Inferior” Owners of vehicles damaged in auto accidents contended in a class action lawsuit against their insurer that the estimates by their insurer’s claims adjusters were too low because the adjusters used prices for non-original equipment manufacturer (“OEM”) crash parts rather than for OEM crash …
Read More
New York Insurance Coverage Law Update
January 1, 2011 | Insurance Coverage
Losses From Madoff’s Ponzi Scheme Not Covered Under Homeowners Policy After allegedly losing millions of dollars in Bernard Madoff’s Ponzi scheme, Sharon Lissauer brought suit against Fireman’s Fund Insurance Company to recover that money under her homeowners policy. In its decision dismissing the complaint, the U.S. District Court for the Southern District of New York …
Read More
New York Insurance Coverage Law Update – 2010 Summary
January 1, 2011 | Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update — 2010 Summary. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Health Law Bulletin – April/May 2010 …
Read More
New York Insurance Coverage Law Update
December 1, 2010 | Insurance Coverage
No Coverage For Mold Case Where Alleged Injury Outside Policy Period The underlying plaintiff’s allegation of exposure to mold during the policy period did not trigger any duty to defend or to indemnify where the injury allegedly occurred after the policy period. As the court reasoned, New York follows the “injury-in-fact” test that “rests on …
Read More
New York Insurance Coverage Law Update
November 1, 2010 | Appeals | Insurance Coverage
Insurer Must Defend Restaurant Owner In Suit Following Fight At Party A restaurant employee fatally stabbed a guest and injured another person at a party hosted at the restaurant by the owner. The Appellate Division, First Department, agreed with one insurer that it had no duty to defend or to indemnify the restaurant owner based …
Read More
New York Insurance Coverage Law Update
October 1, 2010 | Appeals | Insurance Coverage
Insured’s Assignees May Not Bring Bad Faith Action Against Insurer Where Insured Could Not Assert That Claim Personal injury plaintiffs obtained a judgment against a restaurant, which assigned them its rights against its insurer. The plaintiffs, as the restaurant’s assignees, then brought suit against the insurer, arguing that it had refused in bad faith to …
Read More
New York Insurance Coverage Law Update
September 1, 2010 | Insurance Coverage
Court Upholds One-Year Time Limit For Suit Against Homeowners Insurer A homeowner brought suit on March 26, 2010 to recover benefits under a homeowners insurance policy with respect to an alleged theft from her home on January 5, 2007. The insurer maintained that the action was time barred because it had not been brought within …
Read More
New York Insurance Coverage Law Update
August 1, 2010 | Appeals | Insurance Coverage
Parked Truck Was Being “Used” To Transport Sheet Metal That Allegedly Cut Insured An employee returning to work after taking a break in her employer’s parking lot allegedly was injured when she walked into a piece of sheet metal extending beyond the tailgate of a co-worker’s parked truck, which the co-worker had planned to deliver …
Read More
New York Insurance Coverage Law Update
July 1, 2010 | Insurance Coverage
No Coverage Where Injured Party Was Employee Of Another Insured In this declaratory judgment action, the owner and tenant of an accident site sought coverage for a personal injury suit brought by an employee of another insured. The owner, tenant and claimant’s employer were all insureds under the policy. The Appellate Division, First Department, held …
Read More
New York Insurance Coverage Law Update
June 1, 2010 | Insurance Coverage
Top New York Court Finds Construction Manager Is An Additional Insured Where Named Insured’s Employee Claimed Injury Regal Construction Corp. contracted with URS Corp., the construction manager, to work on a project at New York City’s Rikers Island. The commercial general liability (“CGL”) insurance policy obtained by Regal covered URS as an additional insured “only …
Read More
New York Insurance Coverage Law Update
May 1, 2010 | Appeals | Insurance Coverage
Second Circuit Opines That Limitations Period Begins To Run When Insureds’ Claim Against Homeowner’s Insurer Accrues The insureds filed a claim with their homeowner’s insurer after their house began to collapse. The insurer denied coverage, and the insureds sued. The insurer maintained that the limitations period had expired, relying upon a policy provision that required …
Read More
New York Insurance Coverage Law Update
April 1, 2010 | Appeals | Insurance Coverage
Employee Driving His Own Leased Car While Working Is Not An Insured Under Employer’s Auto Insurance Policy While driving his own leased car to the bank to make a deposit for his employer, Regional Integrated Logistics, Michael Hale was involved in an accident. The insurer that had issued a commercial automobile insurance policy to Regional …
Read More
New York Insurance Coverage Law Update
March 1, 2010 | Appeals | Insurance Coverage
Volunteer Firefighter Allegedly Injured Outside Truck While Directing Traffic At Accident Site Not Entitled to SUM Coverage A volunteer firefighter sought supplementary uninsured motorist (“SUM”) coverage for injuries he allegedly suffered when he was directing traffic away from the scene of a motor vehicle accident. The court first found that the firefighter was not entitled …
Read More
New York Insurance Coverage Law Update
February 1, 2010 | Appeals | Insurance Coverage
Second Department Permits § 349 Claim To Proceed Against Homeowners’ Insurer The insureds claimed that a storm caused a hillside on their property in the Village of Roslyn to collapse. Thereafter, the insureds filed suit and asserted a claim under General Business Law § 349 against the insurer that had issued a deluxe homeowners’ policy …
Read More

Legal updates and news delivered to your inbox