Insurance Coverage


New York Insurance Coverage Law Update
November 1, 2011 | Insurance Coverage

Insurer Estopped From Denying Excess Coverage

The general contractor and owner of a construction site sought coverage under an excess insurance policy issued to their subcontractor with respect to an underlying personal injury action. The excess insurer acknowledged coverage and participated in the defense. After partial summary judgment was awarded in favor of

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Damages from Failure to Reply to Writ’s Demand Are Not a Result of “Bodily Injury”
October 31, 2011 | Insurance Coverage

After the minor daughter of the owner of Tri County Contractors, Inc., was involved in an automobile accident, the injured person and his wife sued the Tri County owner and his wife to recover for the injuries sustained in the accident. The plaintiffs obtained a judgment against the Tri County owner and his wife

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New York Insurance Coverage Law Update
October 1, 2011 | Insurance Coverage

Court Rules Acts Of Alleged Sexual Abuse Over Years Are Multiple Occurrences Implicating Multiple SIRs

A mother of a minor girl sued the Roman Catholic Diocese of Brooklyn, alleging that the Reverend James Smith had sexually abused the girl over a number of years. The Diocese then sued its insurer for reimbursement of defense

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Pre-Existing Condition Exclusion Bars Employee’s Claim For Long Term Disability Benefits
September 30, 2011 | Appeals | Insurance Coverage

The plaintiff in this case, a chiropractor, worked for Alcott Staff Leasing, Inc., as a medical peer reviewer. In August 2006, she stopped working for Alcott and applied for long term disability benefits; her request was denied based on a pre-existing condition exclusion in the policy, which defined a pre-existing condition as a sickness or

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How Bankruptcy and the Doctrine of Judicial Estoppel Affect the Investigation and Litigation of Insurance Claims
| Appeals | Corporate | Insurance Coverage

Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim

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Circuit Court Finds No Coverage for “Property Damage” Claims Arising from Insured’s Work
| Insurance Coverage

After he was hired to deliver casing and oversee its installation in an oil well, the insured delivered the casing but removed more, as excess, than he should have. As a result of this error, the well was too shallow. The well owner had the well reworked and sued the insured to recover its

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Should Premiums Be Returned When Policies Are Obtained by Fraud?
September 2, 2011 | Appeals | Insurance Coverage

In 2004, the American Institute of Certified Public Accountants (“AICPA”) and Prudential Insurance Company of America entered into a group insurance contract through which AICPA members could obtain life insurance on the lives of their dependents. Pursuant to this arrangement, an application was filed with Prudential in the spring of 2004 for life insurance on

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New York Insurance Coverage Law Update
September 1, 2011 | Insurance Coverage

Assault And Battery Exclusion Bars Coverage Where Security Guard Allegedly Threw Glass At Plaintiff’s Face

After a fight broke out at the “Beauty Bar” in Manhattan, a woman sued Jinx-Proof Inc., contending that she had been injured when a security guard threw a glass at her face. Jinx-Proof’s commercial general liability insurer asserted

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Poor Judgment, Uninsured Loss
August 31, 2011 | Insurance Coverage

Please click the link below to view the Poor Judgment, Uninsured Loss. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Poor Judgment, Uninsured Loss

Copyright © 2011 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

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Court Dismisses Suit By Employee Discharged Upon His Return From Jury Service
| Appeals | Insurance Coverage

Beth Abraham Health Services, a non-profit organization located in the Bronx that provides residential and community-based health care services for adults, hired the plaintiff in this case in October 1997 as an Authorization Specialist. The plaintiff’s main duty was to input information obtained from doctors, nurses, and others into a single, electronically-stored document called a

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