Insurance Coverage


New York Insurance Coverage Law Update
July 27, 2023 | Alan C. Eagle | Insurance Coverage

Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident

 A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the adjacent property. In turn, the owner brought a third-party action against ConEd, the utility company that had opened

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Insurance Update
July 18, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

We bring you our July Insurance Update.

We begin with two cases about late notice.  First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies.  Second, the Ninth Circuit provides an example of when prejudice can be determined as a matter of law.

The Wisconsin Supreme Court addresses the contours of

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New York Insurance Coverage Law Update
June 29, 2023 | Alan C. Eagle | Insurance Coverage

Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella

The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub)

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The Title Reporter – Summer 2023
June 22, 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 trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
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Insurance Update
June 20, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

Courts took up some interesting insurance questions this past month.  Here’s some we address in our June Insurance Update.

When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply?

A professional liability policy will often pay the insured’s costs of responding to subpoenas or disciplinary proceedings.  What about search warrants?

People pay

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New York Insurance Coverage Law Update
May 30, 2023 | Alan C. Eagle | Insurance Coverage

Fourth Department Holds That Ensuing Loss Exception To Faulty Workmanship Exclusion Applies To Restore Coverage For Water Loss

The insureds owned a house covered by an all-risk homeowner’s insurance policy issued by Erie Insurance Company of New York that provided coverage for damage to the house unless specifically excluded.  The policy contained an exclusion for

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Insurance Update
May 17, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

Additional insureds and applications.  That’s our main theme this month.

Additional insured disputes can sometimes get complicated.  How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised to get for the additional insured.  We see different outcomes on this

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New York Insurance Coverage Law Update
April 27, 2023 | Alan C. Eagle | Insurance Coverage

Second Circuit Holds That Absolute Auto Exclusion Clearly Precludes Coverage

The insureds, a country club and motorcycle group, held an annual motorcycle rally.  They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club to attend the rally.  Covington Specialty denied

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Insurance Update
April 17, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

Courts were in full swing deciding insurance coverage issues over the past month or so.  Here are a few that caught our attention.

The Louisiana Supreme Court became the latest state supreme court to find no coverage for pandemic-related business interruption losses because such claims do not involve “direct physical loss.”  This case was closely

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New York Insurance Coverage Law Update
March 28, 2023 | Alan C. Eagle | Insurance Coverage

Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured

Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road LLC (insured) for a vacant oceanfront property in Quogue, New York where the insured was building a home.  On March 26, 2020,

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