Insurance Coverage

New York Insurance Coverage Law Update — Compilation 2022
January 30, 2023 | Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2022.

New York Insurance Coverage Law Update 2022

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New York Insurance Coverage Law Update
| Alan C. Eagle | Insurance Coverage

Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend

622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance Company and others, seeking a declaration that Harleysville must defend 622 Third Avenue as an additional insured in an underlying personal injury action

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Insurance Update
January 24, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023.

The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions – one for pandemic-related business interruption losses, the other for losses from a ransomware attack.  In both cases,

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Tugander Tackles Opioid Litigation in Best’s Review
January 6, 2023 | Robert Tugander | Insurance Coverage

Robert Tugander wrote, “Two Words Play a Key Role in Opioid Litigation,” for the insurance industry publication, Best’s Review.

The article discusses the issues insurers confront when government entities sue their pharmaceutical company insureds. Often, the courts will rely on two words — because of — in the policy language when determining whether insurers are

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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 | Alan C. Eagle | 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 | Alan C. Eagle | 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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