Insurance Coverage


New York Insurance Coverage Law Update
June 28, 2021 | 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
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New York Insurance Coverage Law Update
May 26, 2021 | Insurance Coverage

WDNY Follows Other New York Courts Holding That COVID-19 Losses Are Not Covered

The insured operated a martial arts and fitness business in Buffalo, New York, that sustained losses in revenue when its business closed due to the COVID-19 pandemic and related executive orders. The insured sought coverage under its commercial property policy.  The United

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Insurance Update
May 24, 2021 | Insurance Coverage

We bring you our May Insurance Update.

In this month’s update:

  • The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and uncovered claims
  • The Seventh Circuit decides whether a policy’s TCPA exclusion bars coverage for common law claims arising out of
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New York Insurance Coverage Law Update
April 29, 2021 | Insurance Coverage

Court Finds That Subcontractor’s Insurer Owed Additional Insured Coverage Under “Caused, In Whole Or In Part, By” Endorsement Because Subcontractor Found More Than 0% Liable

Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”).  The owner and GC filed a third-party action for

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Insurance Update
April 22, 2021 | Insurance Coverage

We bring you our April insurance update.

In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments.

Federal courts determine whether a debt collector is entitled to a defense in a suit over its aggressive recovery tactics and whether a manufacturer is out

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New York Insurance Coverage Law Update
March 30, 2021 | Insurance Coverage

Second Department Holds Insurer Has No Duty To Defend Or To Indemnify Insured In Underlying Trademark Infringement Action

The insured was sued in an underlying action seeking damages and injunctive relief for alleged trademark infringement.  The insured tendered the action to its CGL insurer which disclaimed. The insured settled the underlying action and sued its

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The Title Reporter – Spring 2021
March 19, 2021 | Michael J. Heller | 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:

  • A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it brought against an agent and an individual who signed a personal guaranty.
  • An appellate
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Insurance Update
March 17, 2021 | Insurance Coverage

In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases.

The state high courts address:

  • From whose perspective should a consent-to-settle provision be judged?
  • What standard applies when construing an intentional injury exclusion?
  • Does prior knowledge by one employee of an insured void claims-made coverage for all employees?
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New York Insurance Coverage Law Update
February 23, 2021 | Insurance Coverage

Federal District Court Finds That Virus Exclusion Precludes Coverage For COVID-19-Related Losses

A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in response to the COVID-19 pandemic. The law firm claimed that the

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