Recent Publications - Insurance Coverage
July 28, 2022 |
Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent
In December 2015, Luis Alberto was working on a construction project at a building owned by the insured when a wall collapsed, causing him to fall to his death. In December 2017, Alberto’sRead More
July 20, 2022 |
Our July Insurance Update is here. This is what we discuss.
“Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court adopting the efficient and predominant cause theory, no matter whose Daddy the bouncer was working for.
Oklahoma hasRead More
July 6, 2022 | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry
- An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
- A federal district court in Illinois has rejected
June 28, 2022 |
Northern District Holds That Late Notice Bars Coverage Under Property Policy
In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year later. The insurer, Acadia InsuranceRead More
June 21, 2022 |
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes, policyholders try to create an ambiguity despite language that seems clear on its face, or suggest another reason why the language should notRead More
June 20, 2022 |
Siobhain Minarovich wrote, “Insurance Coverage Issues Presented by Child Victims Act Legislation,” for the summer 2022 issue of USLAW Magazine. The article discusses the legislation’s insurance coverage issues, exclusions and expected defense of claims brought under the act.
Click here to read the article.Read More
June 16, 2022 | |
Alan Rutkin authored, “US Courts Offer Differing Interpretations of Cyberfraud Cases” for the June 2022 issue of Best’s Review. The article explores the prominent court recently addressed whether commercial crime insurance covers cyberfraud. The decision illustrates courts’ confusion in this area. When it comes to cyberfraud, courts continue to give different answers to the same questions.Read More
May 25, 2022 |
First Department Affirms That Business Interruption From COVID-19 Not Covered
The insured purchased a commercial property policy that included business interruption coverage for its restaurants. The restaurants were forced to suspend indoor dining operations because of COVID-19 and lost tens of millions of dollars in revenue. The insured made a claim with its insurance companyRead More
May 18, 2022 |
You’ll find some notable decisions in our May Insurance Update.
Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend favoring insurers.
The Texas Supreme Court addresses an issue of first impression: What duty of care does an insurer owe toRead More
April 28, 2022 |
Second Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy Where Tenant’s Employee Injured In Freight Elevator Used By Tenant
Bed Bath & Beyond leased third-floor retail and office space at a shopping center in Queens, and its employee was injured while using a freight elevator during his employment. The employee sued the ownerRead More
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