Insurance Coverage
January 16, 2025 |
Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2024.
New York Insurance Coverage Law Update 2024
Read MoreDecember 27, 2024 | Greg E. Mann | |
Greg Mann wrote “Supreme Court Marks Major Change in Insurers’ Role in Bankruptcy Proceedings” for USLAW Magazine. The story discusses how insurers can now object to insureds’ Chapter 11 reorganizations, thanks to a decision from this past U.S. Supreme Court term.
Click here to read the article.
Read MoreDecember 23, 2024 |
Second Department Upholds Summary Judgment To Insurer Finding Assault Not Covered Even Though Labeled By Claimant As Negligence
The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance Company filed a declaratory judgment action
Read MoreDecember 19, 2024 | Robert Tugander | Greg E. Mann |
There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite conclusions. The divergence, however, lies not on whether faulty workmanship is an “occurrence,” but whether the business risk exclusions apply. Waiver factored
Read MoreNovember 21, 2024 | Robert Tugander | Greg E. Mann |
In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying.
We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas emissions are pollutants under an insurance policy. The court also considers whether there is an “occurrence” when the insured is aware of the
Read MoreOctober 30, 2024 |
Northern District Denies Insurer’s Motion For Summary Judgment Finding Questions Of Fact Whether Insured Expected Or Intended Claimant’s Injuries
The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and
Read MoreOctober 22, 2024 | Robert Tugander | Greg E. Mann |
There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand. Clouseau says, “I thought you said your dog did not bite!” The clerk
Read MoreSeptember 26, 2024 |
Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated
Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations and was insured by Ironshore Specialty Insurance Company under a series of Environmental Protection Insurance Coverage Package policies. The insurer sued CTI,
Read MoreSeptember 18, 2024 | Robert Tugander | Greg E. Mann |
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of these claims.
We begin with the restaurant’s business interruption claim. There, the California Supreme Court had to decide whether a virus
Read MoreAugust 29, 2024 |
Fourth Department Finds That Insurer Failed To Meet Its Burden Of Proving That Insureds Failed To Cooperate
Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising from a
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