Second Department Holds Insurer Has No Duty To Defend Or To Indemnify Insured In Underlying Trademark Infringement Action The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement.  The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying action and sued its …
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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it brought against an agent and an individual who signed a personal guaranty. An appellate court …
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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: From whose perspective should a consent-to-settle provision be judged? What standard applies when construing an intentional injury exclusion? Does prior knowledge by one employee of an insured void claims-made coverage for all employees? Does …
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The report detailing new filings and recoveries under the False Claims Act (FCA) during the 2020 fiscal year that was just released by the U.S. Department of Justice (DOJ) suggests, at first glance, a diminished role for one of the federal government’s strongest anti-fraud tools. Delving more deeply into the details, however, demonstrates the continuing …
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Federal District Court Finds That Virus Exclusion Precludes Coverage For COVID-19-Related Losses A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in response to the COVID-19 pandemic. The law firm claimed that the …
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Our February insurance update discusses several issues involving first-party and third-party insurance claims. The Florida Supreme Court answers a certified question about the type of damages available to first-party litigants in breach of insurance contract cases. The Tenth Circuit considers the breadth of an earth movement exclusion and whether damage caused by a rolling boulder …
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Alan Rutkin’s article, “2021 Liability Forecast: COVID, Cyber, Opioids, Sex Abuse,” appeared in the February 2021 issue of Best’s Review.  Alan notes that these liability issues will, in turn, create insurance coverage issues. To read the article, click here.     …
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Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19 Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that Admiral breached its obligation to provide coverage under its all-risk commercial property policy for losses resulting from governmental orders to close …
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Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2020. New York Insurance Coverage Law Update 2020 …
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Courts ended 2020 with a flurry of insurance decisions.  Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims.  Within two days of each other, federal district court judges found, on the one hand, that Covid-19 business interruption losses were not …
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