Insurance Coverage
June 28, 2021 |
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
Read MoreJune 23, 2021 |
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
May 26, 2021 |
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
Read MoreMay 24, 2021 |
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
April 29, 2021 |
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
Read MoreApril 22, 2021 |
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
Read MoreMarch 30, 2021 |
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
Read MoreMarch 19, 2021 | Michael J. Heller | Matthew V. Spero |
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
March 17, 2021 |
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?
February 23, 2021 |
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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