Recent Publications - Insurance Coverage


New York Insurance Coverage Law Update
June 27, 2024 | Insurance Coverage

Second Department Finds Duty To Defend But No Bad Faith And That Insurer Did Not Have An Obligation To Advise Insured Of Right To Independent Counsel

The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence

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Insurance Update
June 24, 2024 | Insurance Coverage

Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now clarified California law and joins the majority of jurisdictions finding no coverage for these types of claims.

A scooter rider sought PIP benefits under New Jersey’s

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New York Insurance Coverage Law Update
May 23, 2024 | Insurance Coverage

Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds

87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were insured by Country Mutual Insurance Company. A fire destroyed one building (Building D), and the owner made a claim for

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Insurance Update
May 20, 2024 | Insurance Coverage

Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month.

We begin in Pennsylvania where the state’s high court reined in some loose analysis by the lower courts.  If a controlled substances exclusion applies to “bodily injury” claims and “bodily injury”

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New York Insurance Coverage Law Update
April 25, 2024 | Insurance Coverage

Southern District Rules That Insured Cannot Recover Its Attorney’s Fees for Its Coverage Action

The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees and expenses it incurred in its

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Insurance Update
April 11, 2024 | Insurance Coverage

Our April Insurance Update is now available.

Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget about the NC State Wolfpack’s magical March run. Led by Miracle Mike and the two DJs, the

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New York Insurance Coverage Law Update
March 27, 2024 | Insurance Coverage

Third Department Upholds Summary Judgment to Insurer Based on Material Misrepresentation by Insured in Insurance Application

Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from

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Insurance Update
March 19, 2024 | Insurance Coverage

Our March Insurance Update is now available.

We begin with three state supreme court decisions answering these questions:

  • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were filed when the claims-made policy was in effect. Is the claims-made policy triggered? The Delaware Supreme Court decides if
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New York Insurance Coverage Law Update
February 28, 2024 | Insurance Coverage

New York’s Highest Court Holds That Restaurants’ Business Losses from Coronavirus Not Covered

The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered “all risks of direct physical loss or damage to insured property” and

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Insurance Update
February 23, 2024 | Insurance Coverage

In this month’s insurance update, we address:

  • Whether opioid suits allege an occurrence
  • Whether the recurring presence of wild turkeys is “infestation”
  • Whether improper copying of an industry publication was in the performance of professional services
  • Whether wildfire dust is a “pollutant”
  • Whether an aircraft exclusion applies to a partially disassembled plane
  • And whether
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