Insurance Coverage

New York Insurance Coverage Law Update
April 28, 2022 | Insurance Coverage

Second Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy Where Tenant’s Employee Injured In Freight Elevator Used By Tenant

Bed Bath & Beyond leased third-floor retail and office space at a shopping center in Queens, and its employee was injured while using a freight elevator during his employment.  The employee sued the owner

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Insurance Update
April 21, 2022 | Insurance Coverage

Cases in our April Insurance Update address several questions:

  • Are costs incurred to comply with a subpoena covered?
  • What must an insured show to rebut the presumption of prejudice in a late notice situation?
  • What are related claims under claims-made policies?
  • How does a retroactive date limitation apply?
  • Is there a “loss of use”
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The Title Reporter — Spring 2022
April 7, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A federal district court in Montana has ruled that a conveyance of property by policyholders under a title insurance policy to trusts was a voluntary conveyance to “a separate and distinct entity” and that,
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New York Insurance Coverage Law Update
March 29, 2022 | Insurance Coverage

Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises

Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a declaration that Main Street had a

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Insurance Update
March 21, 2022 | Insurance Coverage

Texas practitioners can add a new term to their legal vocabulary:  “the Monroe exception.”  The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an insurer has a duty to defend.  Crafting a rule similar to what the Fifth Circuit proposed years earlier,

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New York Insurance Coverage Law Update
February 28, 2022 | Insurance Coverage

New York’s Comprehensive Insurance Disclosure Act Amended

On February 24, 2022, New York’s Comprehensive Insurance Disclosure Act was amended to remove some of the more controversial requirements, including that defendants, third-party defendants, and counterclaim defendants (the “disclosing party”) produce insurance applications and information about other lawsuits that may have eroded the limits of policies being

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NY Loosens Some Insurance Disclosure Requirements under Recently Enacted Law
| Greg E. Mann | Insurance Coverage

On February 25, 2022, New York Gov. Kathy Hochul signed into law amendments that relieve some of the most stringent insurance disclosure obligations for defendants under the December 2021 Comprehensive Insurance Disclosure Act (CIDA).

CIDA, signed into law on December 31, 2021, significantly expanded the scope of defendant’s insurance disclosure obligations under CPLR 3101(f). CIDA

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Insurance Update
February 22, 2022 | Insurance Coverage

Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update.

  • A county experienced higher costs due to the opioid crisis.  Does its complaint against drug stores allege damages because of bodily injury?
  • A company sells a knock-off trailer with its logo on the
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Courts Favor Insurers in COVID-Related BI Lawsuits
February 8, 2022 | Alan S. Rutkin | Insurance Coverage

The range of issues covered in this column over the years would not be complete if I did not discuss COVID-related insurance claims. When addressing these claims, courts throughout the country have been true to policy language. Courts have enforced policy terms tying coverage to “direct physical damage” and upheld insurers’ denials.

A good context

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Zurich ‘War Exclusion’ Lawsuit Remains in Limbo as Judge Rules in Similar Case
January 28, 2022 | Alan S. Rutkin | Insurance Coverage | Medical Malpractice Defense

A possible precedent-setting $100 million lawsuit over Zurich American’s use of the rarely applied war exclusion to deny coverage remains in legal limbo, court documents show — even as a judge ruled in early January against an insurer in a similar case.

Attorneys for Mondelez and Zurich American, which was sued over its denying the

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