Insurance Coverage


New York Insurance Coverage Law Update
March 30, 2021 | Alan C. Eagle | Insurance Coverage
Second Department Holds Insurer Has No Duty To Defend Or To Indemnify Insured In Underlying Trademark Infringement Action The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement.  The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying action and sued its …
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The Title Reporter – Spring 2021
March 19, 2021 | Michael J. Heller | Peter P. McNamara | Matthew V. Spero | Insurance Coverage
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it brought against an agent and an individual who signed a personal guaranty. An appellate court …
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Insurance Update
March 17, 2021 | Insurance Coverage
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: From whose perspective should a consent-to-settle provision be judged? What standard applies when construing an intentional injury exclusion? Does prior knowledge by one employee of an insured void claims-made coverage for all employees? Does …
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New York Insurance Coverage Law Update
February 23, 2021 | Insurance Coverage
Federal District Court Finds That Virus Exclusion Precludes Coverage For COVID-19-Related Losses A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in response to the COVID-19 pandemic. The law firm claimed that the …
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DFS Provides Framework for Cybersecurity Risk
February 18, 2021 | Shari Claire Lewis | Privacy, Data & Cyber Law | Insurance Coverage
On February 4, 2021, New York’s Department of Financial Services (DFS) issued Insurance Circular Letter No. 2, which builds on the robust cybersecurity regulation provided in its 2017 Cybersecurity Regulation (23 NYCRR 500). The Letter discusses the current state of the cyber insurance industry and provides a seven-part Cyber Insurance Risk Framework which may assist …
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Insurance Update
February 17, 2021 | Insurance Coverage
Our February insurance update discusses several issues involving first-party and third-party insurance claims. The Florida Supreme Court answers a certified question about the type of damages available to first-party litigants in breach of insurance contract cases. The Tenth Circuit considers the breadth of an earth movement exclusion and whether damage caused by a rolling boulder …
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Rutkin Predicts 4 New Liability Issues for 2021
February 1, 2021 | Alan S. Rutkin | Privacy, Data & Cyber Law | Insurance Coverage
Alan Rutkin’s article, “2021 Liability Forecast: COVID, Cyber, Opioids, Sex Abuse,” appeared in the February 2021 issue of Best’s Review.  Alan notes that these liability issues will, in turn, create insurance coverage issues. To read the article, click here.     …
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New York Insurance Coverage Law Update
January 29, 2021 | Insurance Coverage
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19 Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that Admiral breached its obligation to provide coverage under its all-risk commercial property policy for losses resulting from governmental orders to close …
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New York Insurance Coverage Law Update — Compilation 2020
| Insurance Coverage
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2020. New York Insurance Coverage Law Update 2020 …
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Insurance Update
January 25, 2021 | Insurance Coverage
Courts ended 2020 with a flurry of insurance decisions.  Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims.  Within two days of each other, federal district court judges found, on the one hand, that Covid-19 business interruption losses were not …
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