Insurance Coverage


New York Insurance Coverage Law Update
August 30, 2021 | Insurance Coverage
Court Declines To Rescind Policy Based On Issues Of Fact As To Materiality Of Alleged Misrepresentations Union Mutual disclaimed coverage for a fire loss at its insured’s restaurant and sought to rescind its policy based upon the insured’s alleged misrepresentations in its application that it did not have “open flame cooking” or a Single Room …
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Insurance Update
August 23, 2021 | Insurance Coverage
Here is what you will find in our August Insurance Update: Pollution Exclusion Bars Coverage for Criminal Proceeding Over Submission of Fraudulent Coal-Dust Samples, Sixth Circuit Affirms Fifth Circuit Finds Insurer Has Duty to Defend Insured for a Data Breach Litigation Under Policy’s Personal and Advertising Coverage Warranty Exclusion Bars D&O Liability Coverage for Claim …
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Insurance Rulings, Present and Past, by a Court in Transition
| Evan H. Krinick | Insurance Coverage
The New York Court of Appeals’ past term was as unusual a term as practitioners and judges ever could have imagined. Of course, COVID-19 continued to affect the Court’s operations. On top of that, the early retirement of Judge Paul Feinman, followed by his untimely death, the subsequent retirement of Judge Leslie Stein, and the …
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New York Insurance Coverage Law Update
July 27, 2021 | Insurance Coverage
Southern District of New York Holds That COVID-19 Claim Not Covered Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations following state and municipal shutdown orders.  XL Insurance issued the Café a commercial property policy that provided business interruption coverage in the event …
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10th Circuit Case Reinforces Limits of Insurer’s Duty to Settle Disputed Claims
July 26, 2021 | Greg E. Mann | Insurance Coverage
A recent federal appeals court case applying Utah law goes to the heart of the conflict that arises between a policyholder and insurer when an insurer defends a policyholder under a reservation of rights and receives a settlement offer. The case is Owners Ins. Co. v. Dockstader, No. 19-4156 (10th Cir. June 29, 2021). The …
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Insurance Update
July 19, 2021 | Insurance Coverage
Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues. The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. The Wisconsin Supreme Court discusses obligations owed to “innocent insureds,” while a California appellate court addresses the liability of a life insurer …
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Rutkin Authors Best’s Review article, “Cyber Threats: Get Ready and Get Tough”
July 12, 2021 | Alan S. Rutkin | Privacy, Data & Cyber Law | Insurance Coverage
Alan Rutkin authored the Best’s Review article,  “Cyber Threats: Get Ready and Get Tough.” In the article, Rutkin discusses the steady increase of cyber incidents and how insurers should prepare for future attacks. “Cybercrimes, along with the related coverage issues, are among the biggest challenges now facing insurers,” Rutkin says. Read the full article. …
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The Title Reporter — Summer 2021
July 6, 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: An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution. An appellate court in New York has …
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New York Insurance Coverage Law Update
June 28, 2021 | Alan C. Eagle | Insurance Coverage
First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors Adelphi University hired a general contractor for a construction project to build, from the ground up, a three-story building.  The employee of a structural steel and iron work sub-subcontractor was injured when he fell from the …
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Insurance Update
June 23, 2021 | Insurance Coverage
Insurance coverage litigation often centers on the interpretation of specific terms and phrases in an insurance policy. In our June Insurance Update: The Illinois Supreme Court decides whether disclosure of biometric identifiers to a single party is a “publication” and whether a BIPA claim involves a “right of privacy” A federal court in Kentucky construes …
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