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

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

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

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

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2021.

New York Insurance Coverage Law Update 2021

New York Enacts Comprehensive Insurance Disclosure Act

On December 31, 2021, New York’s Governor Hochul signed into law the Comprehensive Insurance Disclosure Act, that requires defendants, third-party defendants, and defendants on cross-claims and counterclaims (the “disclosing party”) to produce copies of all primary, umbrella and excess insurance policies that may satisfy part or all of

Cases discussed in our January Insurance Update answer these questions:

• A commercial crime policy covers property that the insured “holds for others.”  In the context of a phishing scheme, does “hold” mean the insured must possess the diverted funds or simply have some control over them?
• Federal and state agencies order a manufacturer to

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

• A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy would not be able to present damages evidence on lost wages, carrying costs, lost opportunity

This article was published as an Expert Analysis in Law360.

Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many jurisdictions consider uninsurable. Likewise, statutory consumer protection claims are often uninsurable.

Robert Tugander’s article, “Do You Have the Right Cyber Insurance for Your Business?” appeared in the Winter 2021/2022 issue of USLAW Magazine.

The article explores the reasons why the same cyber crime often results in different insurance coverage outcomes, depending on the court or the language of the insurance policy. And while no single policy can