Insurance Coverage


Insurance Update
September 22, 2020 | Robert Tugander | Greg E. Mann | Insurance Coverage
We bring you our September Insurance Update. A flurry of decisions over pandemic-related business interruption claims were handed down over the past month.  We discuss many of these along with the MDL Panel’s decision not to centralize COVID-19 business interruption coverage suits. We also address a non-coronavirus business interruption claim by a restaurant.  The main …
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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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New York Insurance Coverage Law Update
July 30, 2020 | Insurance Coverage
New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential co-operative units. After Rice and its subcontractors completed the renovation work, the Tamers complained of a draft so Rice returned and installed …
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Insurance Update
July 15, 2020 | Insurance Coverage
We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business interruption losses caused by COVID-19 are covered.  In Gavrilides Mgmt. Co. v. Michigan Ins. Co., …
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Government Officials, and Insurers, in Fight Against COVID-19 Fraud
July 10, 2020 | Insurance Coverage
There have been abundant opportunities for fraud since the beginning of the COVID-19 pandemic. News stories and legal proceedings have highlighted fraud relating to everything from loans under the Paycheck Protection Program (PPP) to mis-labeled and missing personal protective equipment (PPE). Insurers have seen their share of fraudulent or excessive claims as well. Price Gouging …
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The Title Reporter
July 1, 2020 | Insurance Coverage
Welcome to the Summer 2020 issue of Title Reporter: A Legal Update for the Title Insurance Industry. This inaugural issue of this quarterly newsletter covers a wide range of recent decisions by courts across the country involving title insurance. Here, we explore how courts have calculated loss, addressed the doctrine of subrogation in the context …
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