Insurance Coverage
July 22, 2026 | Ana Parikh | Rebecca Lundgren | |
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
Read MoreJuly 21, 2026 | Robert Tugander | Greg E. Mann |
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
Read MoreJune 30, 2026 | Joanne M. Engeldrum |
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
Read MoreJune 17, 2026 | Robert Tugander | Greg E. Mann |
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
Read MoreJune 5, 2026 | Daniel E. Furshpan | Keith S. Grover |
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
Read MoreMay 27, 2026 | Joanne M. Engeldrum |
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
Read MoreMay 20, 2026 | Robert Tugander | Greg E. Mann |
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
Read MoreApril 23, 2026 | Robert Tugander | Greg E. Mann |
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
Read MoreApril 22, 2026 | Joanne M. Engeldrum |
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
Read MoreMarch 30, 2026 | Joanne M. Engeldrum |
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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