Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess

Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his automobile while driving within the scope of his employment with the Town of Riverhead, which was insured by ACE Insurance.  The

Here are some of the leading insurance cases from the past month.

The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits.  Joining the Ohio and Delaware Supreme Courts, the Sixth Circuit found that because the suits do not seek “damages because of bodily

Jason B. Gurdus and Siobhain P. Minarovich co-authored the article for the Nassau Lawyer, “Insurance Coverage Issues Presented By New York’s Recent Abuse Victims Legislation.”

The article discusses when New York’s Child Victims Act (“CVA”) took effect and, that in 2022, New York’s Adult Survivors Act (“ASA”) took effect.

“These laws open a limited window

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

New York Insurance Coverage Law Update 2022

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

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,

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

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

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,

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