Insurance Coverage


The Title Reporter — Winter 2023
January 5, 2023 | Lawrence S. Han | Michael J. Heller | Matthew V. Spero | 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 New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive
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New York Insurance Coverage Law Update
December 28, 2022 | Insurance Coverage

First Department Finds That Excess Policy May (Or May Not) Be Triggered Before Primary Policy In Another Year

Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14.  The contractor was sued for property damage resulting from its construction work during an unspecified time,

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Insurance Update
December 20, 2022 | Robert Tugander | Greg E. Mann | Insurance Coverage

We roll out our December Insurance Update just in time for the holidays.

Here’s what’s inside:

  • The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo.
  • A Minnesota federal judge considers data breach coverage for wire transfers to a fraudulent account.
  • A Massachusetts federal court weighs
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New York Insurance Coverage Law Update
November 30, 2022 | Insurance Coverage

Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice

In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its insured contractor from certain excess insurers.  The excess insurers were not placed on notice until six years after the filing of the

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Insurance Update
November 21, 2022 | Insurance Coverage

Our November Insurance Update covers several topics.

We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments.  The Nebraska Supreme Court now considers whether a policyholder can assign to a non-policyholder a cause of action for first-party bad faith.

The Delaware Supreme Court is the latest

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New York Insurance Coverage Law Update
October 31, 2022 | Insurance Coverage

Southern District Finds That Insured’s Owner And CEO Not Entitled To SUM Coverage Because Not Acting In Scope Of His Duties For Insured

Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists (“SUM”) coverage for any

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Insurance Update
October 24, 2022 | Robert Tugander | Greg E. Mann | Insurance Coverage

Kidnapping, treasure hunts, insurgents shooting down airplanes  — sounds like the Fall TV lineup.  But no, it’s our October Insurance Update.

And in honor of the month’s most treasured sporting event, the Fall Classic, we roll out a lineup of nine sluggers that will bring you up to date on what’s happened in the world

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The Title Reporter — Fall 2022
October 11, 2022 | Michael J. Heller | Matthew V. Spero | Lawrence S. Han | 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 New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an
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New York Insurance Coverage Law Update
September 29, 2022 | Insurance Coverage

Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend

Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an exclusive floor installation contractor. The Agreement required that Surfacesys list Stoncor as an insured on its insurance.   The Agreement was returned to Stoncor via fax purportedly

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Insurance Update
September 21, 2022 | Insurance Coverage

Some important insurance decisions were handed down over the past month.

We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display.  In Acuity, the Ohio Supreme Court found that the opioid suits were not brought “because of bodily injury.”  A week earlier, the

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