In this month’s insurance update, we discuss opioids, trademarks, pre-tender defense costs, and allocation. Choice of law factors in heavily. In three of the cases, the jurisdiction whose law applied was important to the ultimate outcome.

Having home court advantage can often make the difference between a win and a loss. That is, unless you’re

New York’s comparative fault system and a broad serious injury threshold have made motor vehicle accident claims difficult and expensive to defend. Our current system, combined with staged accidents, manufactured injuries and unnecessary medical treatments have resulted in inflated verdicts and settlements, driving up costs for carriers and policyholders.

Albany, however, has recently passed bills

Southern District Finds Commercial General Liability Policies And Products-Completed Operations Liability Policy All Cover The “Same Risk” For Purposes Of Priority

141 East 88th Street, LLC, was the sponsor and developer for a construction project converting an apartment building into a condominium. 141 East retained Tekton Builders, LLC, to be the general contractor for the

Just shy of a “full house,” is how you might describe our May insurance update.

We have a pair of cases from the Colorado Supreme Court that discuss the failure to cooperate defense, UIM exhaustion, and the status of a rental car company when it offers its customers supplemental auto insurance.

We also have a

Our April update highlights some of the insurance questions courts were asked to decide this past month.

We all know about the broad duty to defend that applies to many primary liability policies. But does that same rule apply for title insurance?

A few months ago, we wrote about a federal district court’s ruling that

Second Department Finds Absolute Lead Exclusion Properly Added To Policy And Excludes Coverage For Action Alleging Injury From Lead Exposure

The owner of a residential building in Brooklyn engaged an insurance broker to procure insurance coverage for the building that included liability coverage for lead exposure. Brownstone Agency, Inc., acting as the agent for Everest

Second Department Finds No Coverage Based Upon Policy’s Designated Premises Limitation

305 Union St. Station, Inc., doing business as Kittery Restaurant, operates a restaurant in Brooklyn. Plaintiff, a pedestrian, was injured when she was struck by a bicycle operated by an employee of the restaurant who was on his way back from a food delivery.

With the bellwether social media addiction trials wrapping up in Los Angeles, we thought a good place to start this month’s update is with a coverage decision out of Delaware (where Meta is based) on whether Meta’s insurers must defend those suits. A Delaware trial court considers whether social media addiction complaints, when stripped of

First Department Finds Ambiguity In Exception To Exclusion And Interprets It In Favor Of Coverage

Mount Hawley Insurance Company issued a commercial general liability policy to a contractor that excluded coverage for property damage resulting from the insured’s labor, except for “interior tile” work. The insured contractor was retained to refurbish a bathroom. To level

It was a busy month for courts on insurance issues.

We begin in Illinois. If an insured has a permit that authorizes a certain level of emissions, are those emissions pollutants for purposes of a pollution exclusion? The Illinois Supreme Court instructs on the relevance of a permit when assessing whether a pollution exclusion applies.