Southern District Enforces New York Choice-Of-Law Provision And Holds Insured’s Late Notice Relieves Insurer Of Obligations Under Policy

The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy provided

The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues.  The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers from having to defend Home Depot against claims over the costs of reissuing payment cards.

About two years ago, the Delaware Supreme

Court Finds “Insured Location” Exception To Business Exclusion Inapplicable Because Insured No Longer Resided At Location And Insured Has Obligation To Know Policy Terms

The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought

We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief.

Policyholders and insurers often disagree over what the policy means by the word “damages.” The Ohio Supreme Court takes up this issue when considering whether payment into

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2024.

New York Insurance Coverage Law Update 2024

Greg Mann wrote “Supreme Court Marks Major Change in Insurers’ Role in Bankruptcy Proceedings” for USLAW Magazine. The story discusses how insurers can now object to insureds’ Chapter 11 reorganizations, thanks to a decision from this past U.S. Supreme Court term.

Click here to read the article.

Second Department Upholds Summary Judgment To Insurer Finding Assault Not Covered Even Though Labeled By Claimant As Negligence

The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance Company filed a declaratory judgment action

There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite conclusions. The divergence, however, lies not on whether faulty workmanship is an “occurrence,” but whether the business risk exclusions apply. Waiver factored

In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying.

We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas emissions are pollutants under an insurance policy.  The court also considers whether there is an “occurrence” when the insured is aware of the

Northern District Denies Insurer’s Motion For Summary Judgment Finding Questions Of Fact Whether Insured Expected Or Intended Claimant’s Injuries  

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and