Insurance Coverage


NJ Supreme Court: Consumer Fraud Act Exceptions Exempt Insurance Pros
July 22, 2026 | Ana Parikh | Rebecca Lundgren | Professional Liability | Insurance Coverage

On July 15, 2026, the New Jersey Supreme Court held that insurance brokers, producers, and agents are not “learned professionals,” and therefore are not exempt from liability under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. In so holding, the Court eradicated the previously recognized, judicially created “semi-professional” exception and further clarified the definition

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July 2026 Insurance Update
July 21, 2026 | Robert Tugander | Greg E. Mann | Insurance Coverage

If you had the pollution exclusion on your betting card, then you hit the trifecta this month. Our first three cases in this month’s update involve pollutants.

The term “pollutant” is broadly defined in most policies, but still, courts sometimes wrestle with what qualifies as a pollutant.

A CGL policy included “carbon monoxide and other

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June 2026 New York Insurance Coverage Update
June 30, 2026 | Joanne M. Engeldrum | Insurance Coverage

Second Department Finds No Coverage Because Underlying Claims Do Not Fall Within Policy’s Classification Limitation Endorsement

Two workers employed by Steel Fab NY, Inc., were injured performing steel erection work at a construction project. Each filed a bodily injury action against the project’s owner and general contractor who, in turn, filed third-party actions against Steel

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June 2026 Insurance Update
June 17, 2026 | Robert Tugander | Greg E. Mann | Insurance Coverage

In this month’s insurance update, we discuss opioids, trademarks, pre-tender defense costs, and allocation. Choice of law factors in heavily. In three of the cases, the jurisdiction whose law applied was important to the ultimate outcome.

Having home court advantage can often make the difference between a win and a loss. That is, unless you’re

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NY’s New Motor Vehicle Accident Amendment a Win for Insurers
June 5, 2026 | Daniel E. Furshpan | Keith S. Grover | Insurance Coverage

New York’s comparative fault system and a broad serious injury threshold have made motor vehicle accident claims difficult and expensive to defend. Our current system, combined with staged accidents, manufactured injuries and unnecessary medical treatments have resulted in inflated verdicts and settlements, driving up costs for carriers and policyholders.

Albany, however, has recently passed bills

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May 2026 New York Insurance Coverage Update
May 27, 2026 | Joanne M. Engeldrum | Insurance Coverage

Southern District Finds Commercial General Liability Policies And Products-Completed Operations Liability Policy All Cover The “Same Risk” For Purposes Of Priority

141 East 88th Street, LLC, was the sponsor and developer for a construction project converting an apartment building into a condominium. 141 East retained Tekton Builders, LLC, to be the general contractor for the

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May 2026 Insurance Update
May 20, 2026 | Robert Tugander | Greg E. Mann | Insurance Coverage

Just shy of a “full house,” is how you might describe our May insurance update.

We have a pair of cases from the Colorado Supreme Court that discuss the failure to cooperate defense, UIM exhaustion, and the status of a rental car company when it offers its customers supplemental auto insurance.

We also have a

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April 2026 Insurance Update
April 23, 2026 | Robert Tugander | Greg E. Mann | Insurance Coverage

Our April update highlights some of the insurance questions courts were asked to decide this past month.

We all know about the broad duty to defend that applies to many primary liability policies. But does that same rule apply for title insurance?

A few months ago, we wrote about a federal district court’s ruling that

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April 2026 New York Insurance Coverage Update
April 22, 2026 | Joanne M. Engeldrum | Insurance Coverage

Second Department Finds Absolute Lead Exclusion Properly Added To Policy And Excludes Coverage For Action Alleging Injury From Lead Exposure

The owner of a residential building in Brooklyn engaged an insurance broker to procure insurance coverage for the building that included liability coverage for lead exposure. Brownstone Agency, Inc., acting as the agent for Everest

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March 2026 New York Insurance Coverage Update
March 30, 2026 | Joanne M. Engeldrum | Insurance Coverage

Second Department Finds No Coverage Based Upon Policy’s Designated Premises Limitation

305 Union St. Station, Inc., doing business as Kittery Restaurant, operates a restaurant in Brooklyn. Plaintiff, a pedestrian, was injured when she was struck by a bicycle operated by an employee of the restaurant who was on his way back from a food delivery.

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