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

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

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

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