First Department Finds Additional Insured’s Late Notice Prejudiced Insurer

A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its insurer, Hartford Fire Insurance Company. Although the

Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine.

The story explains “personal and advertising” injury coverage that is provided by the Coverage B part of a general liability insurance policy. It also discusses the nuances among

We’ve selected five recent insurance decisions for this month’s update.

Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is self-executing, the court opened a path for these insurers to arbitrate coverage disputes, even where state law prohibits insurers from doing so.

Southern District Finds No Additional Insured Coverage, Insurer Did Not Waive Non-Existence Of Coverage Defense, And Insurer Not Estopped From Disclaiming Coverage Where No Prejudice

Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed

We touch upon several issues in this month’s update.

Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its obligations, courts are divided over whether that claim qualifies for coverage. The answer depends on whether there is an

A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies.

In Ehrenberg v. Allied World National Assurance Co. (In Re: Orion HealthCorp, Inc.), 24-2511 (2d. Cir. April 15, 2025), the Second Circuit affirmed the judgment

Southern District Finds No Coverage For Legal Malpractice Action And Rejects Insured’s Argument That Insurer Improperly Handled Coverage Claim

John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the

As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time whether a claim involving carbon monoxide poisoning is barred by the pollution exclusion. The court acknowledged

Southern District Holds Named Insured’s Late Notice Prejudice Relieves Its Insurer Of Obligations Under Policy; Other Insurer Estopped From Denying Additional Insured Coverage; And Vertical Exhaustion Applies Because Of Contractual Indemnification Pass-Through

The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure

In this month’s update, we discuss cases involving related wrongful acts, wildfires, concealment of a weapon, concealment of climate risks, and road rage.

We begin in Delaware, where the state’s high court determines whether a securities action is related to an earlier SEC investigation and subpoena for purposes of determining which claims-made policies apply.

In