Insurance Coverage


New York Insurance Coverage Law Update
June 30, 2020 | Insurance Coverage
United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s condominium complex. 99 Wall withheld certain documents concerning communications between 99 Wall and its consultants in connection with the adjustment of …
Read More
Insurance Update
June 20, 2020 | Insurance Coverage
“Intent” is the main theme of our June Insurance Update. Policyholders will often point to allegations of negligence in attempting to secure coverage for claims involving the policyholder’s intentional conduct.  But it’s the facts, not the labels, that determine coverage.  And we discuss several decisions in our update emphasizing this point.  Whether in the context …
Read More
Valverde and O’Mea Author Article in TIPS
June 19, 2020 | Insurance Coverage
Frank Valverde and Patrick O’Mea contributed to an article that appeared in the ABA’s TIPS Law Journal Spring 2020 issue entitled, “Recent Developments in Excess, Surplus Lines, and Reinsurance Laws.” Click here to read the full article. ©2020. Published in The ABA TIPS Law Journal, Vol. 55, No. 2, Spring 2020, by the American Bar …
Read More
NY DFS Issues Emergency Regulations for Looting and Vandalism Claims
June 8, 2020 | Michael A. Troisi | Michael P. Welch | Laura J. Mulholland | Insurance Coverage
On June 5, 2020, the New York State Department of Financial Services (DFS) issued an emergency regulation aimed at assisting insureds who sustained damages from the looting and vandalism that has taken place throughout the state in recent days. The regulation, Amendment Seventeen to 11 NYCRR 216 (Regulation 64), requires New York State-regulated insurance companies …
Read More
New York Insurance Coverage Law Update
May 28, 2020 | Insurance Coverage
Second Circuit Finds Coverage Where Insurer Unreasonably Delayed In Seeking Rescission and Its Exclusions Did Not Apply WW Trading was sued and sought coverage from United States Liability Insurance Company (USLI) which sought to rescind its policy on the basis of WW Trading’s alleged misrepresentations in its application. The Second Circuit affirmed the district court’s …
Read More
Insurance Update
May 21, 2020 | Insurance Coverage
We bring you our May Insurance Update. We begin with three state high court decisions. Last month, we discussed the Texas Supreme Court’s reaffirmance of the eight corners rule.  This month, the Texas Supreme Court carves out an exception to that rule. Presented with a certified question involving the significance of “those sums” language on …
Read More
Employee Relations Law Journal – From the Courts
May 7, 2020 | Employment & Labor | Insurance Coverage
North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) had standing to assert breach-of-fiduciary duty claims under ERISA against a third party health insurance administrator for the plan. …
Read More
Cannata and Misiti Published in CLM Magazine
May 4, 2020 | Insurance Coverage
Michael Cannata and Frank Misiti’s article, “Proposed COVID-19 Bills Targeting Insurers: Do They Pass Constitutional Muster?” was published in the May 2020 CLM Magazine. The CLM, a member of The Institutes, is dedicated to meeting the professional development needs of the claims and litigation management industries. Founded in 2007, the CLM membership benefits from our …
Read More
New York Insurance Coverage Law Update
April 29, 2020 | Insurance Coverage
District Court Rejects Insurer’s Attempt To Rely On Extrinsic Evidence To Deny Defense To Additional Insureds The City University of New York (“CUNY”) hired Genesys Engineering, PC to perform construction work at the Herbert H. Lehman College in the Bronx.  In turn, Genesys hired A.K.S. International Inc. to perform certain work at the project, including …
Read More
Insurance Update
April 27, 2020 | Insurance Coverage
Our April 2020 Insurance Update can be found here. We begin with a recap of some of the COVID-19 business interruption claims filed against insurers. For more on COVID-19, please be sure to visit our Coronavirus Resource Center. Here are some of the insurance articles you will find there. Proposed COVID-19 Bills Targeting Insurers: Do They Pass …
Read More

Get legal updates and news delivered to your inbox