Southern District Finds Mutual Mistake And Reforms Excess Policy To Avoid Illusory Coverage

The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a primary policy issued by The Travelers

Claims-made policies have automatic extended reporting periods that last for a stated amount of time. But those extensions end if the insured purchases a new policy. What if the new policy does not cover the claim? Is the extended reported period reinstated? As a Maryland federal court explains, that depends on the language of the

On December 19, 2025, Governor Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law. The law amends CPLR Section 1007 to impose strict time limits on the commencement of third-party complaints and is set to take effect on April 18, 2026 (120 days after enactment). There have been Chapter Amendments

Southern District Finds Insurer Has Standing To Seek Additional Insured Coverage For Entities It Is Not Defending

A Manhattan property owner retained On Star Management LLC to manage a renovation project at its property and On Star, in turn, retained Batco Associates, LLC, to perform work at the project. Batco then retained CMG Improvements, Inc.,

We begin this month’s update with a pair of cases from the Eleventh Circuit, which unfortunately, both involve claims arising from senseless shootings. The court first takes up the issue of number of occurrences in the Marjory Stoneman Douglas High School mass shooting. It then considers whether an employer’s liability exclusion applies when an employee

Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit

Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without Rodriguez’s permission, the restaurant hired a company to change the signage and awning in front of its storefront. A worker was injured when he fell

Courts considered some interesting insurance issues this past month.

The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for interpleader.

The Eleventh Circuit applied the notice-prejudice rule to a claims-made and reported policy but found the insured could not overcome a

Southern District Finds SIR Endorsement Does Not Apply To Additional Insured

Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire Insurance Company defended its named insured, US Crane, in

In June, we wrote about the Commercial Division Advisory Council’s proposed amendment to 22 NYCRR § 202.70 to clarify what types of insurance cases may be heard. That amendment was approved October 8.

The New York Commercial Division is a leading court where complex insurance disputes are resolved. Disputes must meet a monetary threshold. But

We are pleased to bring you our monthly insurance update.

And insurance brokers will be pleased with the Connecticut Supreme Court’s decision on the scope of an insurance agent’s duties. The court held that an agent has no duty to inform the insured that its policy is at risk of being nonrenewed.

In Ohio, an