Southern District Denies Motion To Dismiss Breach Of Implied Covenant Claim But Dismisses Punitive Damages Claim

The insured manufactured products in the 1980s that may have contained asbestos and was named in thousands of asbestos-related bodily injury lawsuits. With the help of an insurance archeologist, the insured searched for insurance policies covering the years implicated

Northern District Finds Modified Employer’s Liability Exclusion In Policy Ambiguous

The general contractor for a construction project hired DJ Heating & Cooling to perform HVAC work at the project and Rocker II Drywall Services, LLC, to install sheetrock. Rocker purchased its sheetrock from a supplier that hired Jumpstart Reality LLC to provide laborers to

Southern District Finds Tenant’s Insurer Has Duty To Defend Landlord But Determination On Indemnity Is Premature

A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee of one

First Department Finds Additional Insured’s Late Notice Prejudiced Insurer

A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its insurer, Hartford Fire Insurance Company. Although the

Southern District Finds No Additional Insured Coverage, Insurer Did Not Waive Non-Existence Of Coverage Defense, And Insurer Not Estopped From Disclaiming Coverage Where No Prejudice

Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed

Southern District Finds No Coverage For Legal Malpractice Action And Rejects Insured’s Argument That Insurer Improperly Handled Coverage Claim

John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the

Southern District Holds Named Insured’s Late Notice Prejudice Relieves Its Insurer Of Obligations Under Policy; Other Insurer Estopped From Denying Additional Insured Coverage; And Vertical Exhaustion Applies Because Of Contractual Indemnification Pass-Through

The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure

Southern District Enforces New York Choice-Of-Law Provision And Holds Insured’s Late Notice Relieves Insurer Of Obligations Under Policy

The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy provided

Court Finds “Insured Location” Exception To Business Exclusion Inapplicable Because Insured No Longer Resided At Location And Insured Has Obligation To Know Policy Terms

The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought

In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are shut down, employees are working from home and everyone is practicing social distancing and self-quarantine – lawsuits have already