Recent Publications - Insurance Coverage


Insurance Update
October 19, 2020 | Insurance Coverage
Here’s what you’ll find in our October Insurance Update: Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases Ninth Circuit Rejects Excess Insurer’s “Improper Erosion” Theory Insurer Had No Duty to Defend Landfill Operator in Criminal Proceeding Stemming from Pollution Incidents, Fifth Circuit Holds Repeated Fuel Thefts by Truck Drivers Who Exploited Programming Glitch …
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Title Insurance Coverage And Easement Disputes: Case Update
October 15, 2020 | Real Estate, Zoning & Land Use | Insurance Coverage
David Leno, Peter McNamara, Matthew Spero, and Michael Heller published the article “Title Insurance Coverage And Easement Disputes: Case Update” in Mealey’s Emerging Insurance Disputes. Courts have issued several important decisions recently in cases involving title insurance coverage and easement disputes. In this article, the authors discuss a New York court decision resolving whether a …
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The Title Reporter — Fall 2020
October 7, 2020 | Insurance Coverage
Welcome to the Fall 2020 issue of The Title Reporter: A Legal Update for the Title Insurance Industry. This issue focuses on recent court decisions involving easements. It also discusses a factsheet released by the Consumer Financial Protection Bureau on disclosures of title insurance costs. We begin this issue of The Title Reporter with a discussion …
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The Cannabis Industry Is Risking It All
October 1, 2020 | Corporate | Insurance Coverage | Cannabis
James Lagios, Joshua Smith and Mark Wagner wrote, “The Cannabis Industry Is Risking It All,” for Mealey’s® Emerging Insurance Disputes. The article discusses the obstacles that cannabis-related businesses face when seeking to use insurance coverage to mitigate their operational risks. To read the article, click here.   …
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Mann Published in The CLM
September 24, 2020 | Insurance Coverage
Greg Mann was published in The CLM, “Malicious Prosecution Claims: Trend or Anomaly?” The article discusses recent decisions that have created a new wrinkle in the insurance coverage debate. Click here to read the article. …
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Calculating Forfeiture Amounts to Withstand Eighth Amendment Challenges
September 3, 2020 | Insurance Coverage
Criminal defendants convicted of insurance fraud may challenge forfeiture amounts requested by prosecutors as excessive in violation of the Eighth Amendment to the U.S. Constitution. In recent years, various decisions by federal district courts in New York and the U.S. Court of Appeals for the Second Circuit have helped to explain the standard for calculating …
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New York Insurance Coverage Law Update
August 31, 2020 | Insurance Coverage
Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new claim against his insurer for its alleged “bad faith” failure to indemnify him in the underlying bodily injury …
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Court Covers Broad Range of Topics in Insurance Rulings
August 26, 2020 | Insurance Coverage
As unique as the past term of the New York Court of Appeals was – taking place in the midst of the COVID-19 pandemic, which led the Court to eliminate oral arguments in March, April, and May and to hear oral arguments in June via videoconferencing – there were some important similarities to prior terms. …
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Insurance Update
August 21, 2020 | Insurance Coverage
The duty to defend takes center stage in this month’s Insurance Update, and particularly, when extrinsic evidence may be considered in assessing that duty. As it’s back to school time (whether virtually or in person), we thought we’d begin with a short quiz. Which of the following circumstances gives rise to an insurer’s duty to …
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McNamara Publishes A.M. Best Article, “Reinsurance and BI Claims”
August 3, 2020 | Insurance Coverage
Peter McNamara’s article, “Reinsurance and BI Claims” has been published in the August 2020 issue of Best’s Review magazine. The article discusses how reinsurers need to evaluate their obligations, especially if legislation is passed expanding their exposure. Click here to read the article. Best’s Review:  August 2020. Copyrighted A.M. Best Company, Inc. 2020.  All Rights …
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