Insurance Coverage
April 30, 2025 | Stuart I. Gordon | Matthew V. Spero | |
A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies.
In Ehrenberg v. Allied World National Assurance Co. (In Re: Orion HealthCorp, Inc.), 24-2511 (2d. Cir. April 15, 2025), the Second Circuit affirmed the judgment
Read MoreApril 24, 2025 | Joanne M. Engeldrum |
Southern District Finds No Coverage For Legal Malpractice Action And Rejects Insured’s Argument That Insurer Improperly Handled Coverage Claim
John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the
Read MoreApril 17, 2025 | Robert Tugander | Greg E. Mann |
As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time whether a claim involving carbon monoxide poisoning is barred by the pollution exclusion. The court acknowledged
Read MoreMarch 24, 2025 | Joanne M. Engeldrum |
Southern District Holds Named Insured’s Late Notice Prejudice Relieves Its Insurer Of Obligations Under Policy; Other Insurer Estopped From Denying Additional Insured Coverage; And Vertical Exhaustion Applies Because Of Contractual Indemnification Pass-Through
The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure
Read MoreMarch 21, 2025 | Robert Tugander | Greg E. Mann |
In this month’s update, we discuss cases involving related wrongful acts, wildfires, concealment of a weapon, concealment of climate risks, and road rage.
We begin in Delaware, where the state’s high court determines whether a securities action is related to an earlier SEC investigation and subpoena for purposes of determining which claims-made policies apply.
In
Read MoreFebruary 24, 2025 | Joanne M. Engeldrum |
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
Read MoreFebruary 21, 2025 | Robert Tugander | Greg E. Mann |
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
Read MoreJanuary 27, 2025 | Joanne M. Engeldrum |
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
Read MoreJanuary 22, 2025 | Robert Tugander | Greg E. Mann |
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
Read MoreJanuary 16, 2025 |
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2024.
New York Insurance Coverage Law Update 2024
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