Insurance Coverage


August 2026 New York Insurance Coverage Update
August 26, 2026 | Joanne M. Engeldrum | Insurance Coverage

Second Department Finds Fact Issue On Coverage Based Upon Certificate Of Insurance And Dismisses Non-Insured’s Bad Faith Claim

Machine Tool Repair & Sales, Inc., purchased a grinder from Pride Machinery Sales, Inc., and Pride arranged for the grinder to be transported from a third-party’s warehouse to Machine’s premises. Pride also purchased a cargo policy

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August 2026 Insurance Update
August 25, 2026 | Robert Tugander | Greg E. Mann | Insurance Coverage

With cyclospora on everyone’s mind, and a recent surge in Legionnaire’s cases in Manhattan, we thought it was only fitting to include in this month’s update insurance decisions involving a food recall and Legionnaire’s disease. We also include a pair of opioid cases.

Determining the number of occurrences can sometimes be a daunting task. The

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July 2026 New York Insurance Coverage Update
July 29, 2026 | Joanne M. Engeldrum | Insurance Coverage

Fourth Department Finds Professional Services Exclusion Does Not Preclude One Insurer’s Duty To Defend And A Question Of Fact As To Another Insurer’s Duty To Defend Due To An Ambiguous Trade Contract

Erie County owns a park and retained Destro & Brothers Concrete Company as a contractor and LiRo Engineers, Inc. as a construction manager

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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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