NY Insurance Coverage Digest - Kenney Shelton Liptak Nowak LLP

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NY Insurance Coverage Digest

NY Insurance Coverage Digest

On this page, KSLN’s coverage group provides a weekly summary of insurance coverage and related cases recently decided by the New York state and federal courts. For a copy of any of these decisions, or to discuss a case, we invite you to e-mail or call Judi Shelton, Tim Delahunt, or Jesse Cooke.

Week of September 8, 2008

DECISION OF INTEREST. SUM - Exhaustion of Limits. Second Department affirms order granting SUM insurer's petition to stay arbitration. Insured settled with one tortfeasor for the full amount of its policy limits and settled with a second tortfeasor for less that its policy limits without the insurer's consent. Dissenting justice argues that an insured is not required to exhaust the policy limits of every tortfeasor or to obtain the insurer's consent to enter into a lesser settlement before gaining access to SUM coverage since SUM carrier would have no incentive to give such consent and insured would be forced to fully litigate any claims it may have against all tortfeasors. In re Central Mut. Ins. Co. (Bemiss), 2008 WL 3463824 (3d Dept. August 14, 2008).

Week of August 18, 2008

LEGISLATIVE UPDATE.
Timely Notice by Claimant.
Coverage of Post-Judgment Interest.
Untimely Disclaimer.
Antisubrogation Rule - Owners and Contractors Protective Coverage
Late Notice/Material Misrepresentation.
Protection and Indemnity Insurance.
Common-Law Indemnification - Vehicle and Traffic Law § 388.
Contractual Indemnification/Common-Law Indemnification.
Duty to Procure Insurance/Contractual Indemnification.
Contractual Indemnification - Partial Indemnification.
UM Benefits.
UM Benefits - Late Notice/Statute of Limitations.
SUM - Exhaustion of Limits.
MVAIC No-Fault - Timely Notice.
MVAIC First-Party No-Fault - Ripeness.
First-Party No-Fault - Preclusion of Defenses.
First-Party No-Fault - Failure of Proof.
First-Party No-Fault - Fee Schedule Dispute.
First-Party No-Fault - Proof of Denial.
First-Party No-Fault - Failure to Provide Verification.
First-Party No-Fault - Untimely Denial of Claim.
First-Party No-Fault - Fraudulent Incorporation.
First-Party No-Fault - Claim Determination Period.
First-Party No-Fault - Untimely Denial of Claim.
First-Party No-Fault - Fraudulent Incorporation.
First-Party No-Fault - Business Records.
First-Party No-Fault - Inadequacy of Award.
First-Party No-Fault - Lack of Medical Necessity.

Week of July 16 2008

Occurrence. DECISION OF INTEREST

Claim Against Insurer in Rehabilitation

Duty to Procure Insurance/Contractual Indemnification.

Employee Exclusion/Material Misrepresentation/Scope of Umbrella Coverage.

Antisubrogation Rule.

Defense Costs - D&O Coverage

Late Notice of Claim.

Priority of Coverage

Contractual Limitations Period/Estoppel/Punitive Damages

Jewelers Block Coverage/Lost Business Income Coverage.

Advertising Injury - Late Notice. Additional Insured Status

Additional Insured Status

Contractual Indemnification.

Contractual Indemnification/Common-Law Indemnification

SUM Arbitration

Week of June 26, 2008

Partial Contractual Indemnification. DECISION OF INTEREST

Subrogation Provisions - Excess Coverage. DECISION OF INTEREST

Redlining. DECISION OF INTEREST

Contingent Commission Agreements. DECISION OF INTEREST

Additional Insured Status. DECISION OF INTEREST

Designated Premises Endorsement - Necessary or Incidental Operations

Maritime Liability Coverage - "Misdirected Arrow" Provision

D&O Liability - Wrongful Acts/Knowledge of Wrongful Acts

Disability Insurance - "Own Occupation" Coverage

Bankruptcy - Asbestos Payouts

Additional Insured Coverage - Employee Exclusion

Builder's Risk - Scope of Coverage

Policy Cancellation/Broker Liability

Duty to Defend

Insurance Law § 3420(d)

Additional Insured Status/ Insurance Law § 3420(d)

Fraud

Coverage by Estoppel

Contractual Indemnification/Common-Law Indemnification

Contractual Indemnification

Contractual Indemnification/General Obligations Law § 5-321

SUM - Resident Relatives

SUM - Failure to Cooperate

First-Party No-Fault

Week of June 12, 2008

Employers Liability Coverage/Late Disclaimer/Contractual Liability Exclusion. DECISION OF INTEREST

First-Party No-Fault - Fraud Defense. DECISION OF INTEREST

Failure to Procure Insurance. DECISION OF INTEREST

Choice of Defense Counsel. DECISION OF INTEREST

Business Pursuits Exclusion

Priority of Coverage/Reasonable Belief In Nonliability

Priority of Coverage

Vehicle and Traffic Law § 370

Material Misrepresentation/Timeliness of Disclaimer

Timeliness of Notice of Claim

Policy Limits/Insured Versus Insured Exclusion

Failure to Procure Insurance/Contractual and Common-Law Indemnification

Failure to Procure Insurance

Additional Insured Coverage - Duty to Defend

Late Notice/Reasonable Excuse

Asbestos Coverage - Arbitration

Coverage Litigation - Discovery

Contractual Indemnification

Contractual Indemnification/Common-Law Indemnification

SUM Coverage

UM CoverageFirst-Party No-Fault - Staged Accidents

First-Party No-Fault - EUOs

First-Party No-Fault - Proof of Mailing/Medical Necessity

First-Party No-Fault - Admissibility of Claim Forms

First-Party No-Fault - Lack of Medical Necessity

Week of May 30, 2008

Late Notice - Notice of Occurrence

Policy Buy-Back - Rescission

Direct Action - Insured Status

Common Law Indemnification - "Grave Injury."

Premium Calculations

Policy Ambiguities

Direct Action/Late Notice

Standing/Direct Action

Declaratory Judgment Action - Abstention

Coverage Litigation - Discovery

Contractual Indemnification/Common-Law Indemnification

UM Benefits - "Motor Vehicle."

UM Arbitration - Physical Contact

UM Arbitration - Covered Person

First-Party No-Fault - Fraudulent Incorporation

First-Party No-Fault - Forum Selection

First-Party No-Fault - Exclusion of Intoxication

First-Party No-Fault - Timely Verification Requests

Week of May 14, 2008

Disability Insurance

Interim Funding Agreement

Professional Liability - Late Notice/Excess and Surplus Lines

Legal Malpractice Coverage - Late Notice

Late Notice of Occurrence

Reinsurance/Punitive Damages

First-Party Fire Loss

Untimely Disclaimer

Broker Liability

Additional Insured Status/Validity of Disclaimer

Property Coverage

Direct Action

Duty to Procure/Contractual Indemnification

Contractual Indemnification

Common-law Indemnification

Contractual Indemnification/Conflict of Interest

UM Coverage

First-Party No-Fault/Federal Abstention

First-Party No-Fault

Week of May 2, 2008

Additional Insured Status. DECISION OF INTEREST

Additional Insured Coverage/Priority of Coverage. DECISION OF INTEREST

Insured Status/Garage Liability

Late Notice - Reasonable Excuse

Validity of Disclaimer/Insurance Law § 3420(d)

Additional Insured Coverage

Duty to Procure

Contribution/General Obligations Law § 15-109(c)

Contractual Indemnification/General Obligations Law § 5-321

Contractual Indemnification

Common-Law Indemnification

Uninsured Motorist Coverage

First-Party No-Fault - Timeliness of Denial

Week of April 24, 2008

Failure to Procure Insurance.

Policy Period

Direct Action/Timely Disclaimers - Insurance Law § 3420(d)

Policy Rescission - Material Misrepresentation.

Duty to Defend/Pollution Exclusion/Notice to Excess Insurers - WTC Claims

Validity of Disclaimer/Employer's Liability Exclusion

Direct Action

Contractual Indemnification

Contractual Indemnification/Common-Law Indemnification.

Common-Law Indemnification

Contractual Indemnification

Contractual Indemnification/Common-Law Indemnification

Week of April 17, 2008

Priority of Coverage. DECISION OF INTEREST

Number of Occurrences

Priority of Coverage/ "Contingent Coverage Exception"/Tractor-Trailers

Failure to Procure Insurance/Certificates of Insurance

Duty to Defend - Exclusions

Late Notice of Occurrence/Employee Exclusion

Antisubrogation Rule

Timeliness of Notice of Occurrence/Reasonable Belief in Nonliability

Broker Liability

Contractual Indemnification/General Obligations Law/Failure to Procure Insurance

Contractual Indemnification

Common-Law Indemnification/Contractual Indemnification

Common-Law Indemnification

Contractual Indemnification/Common-Law Indemnification

UM Coverage/Other Insurance/Duty to Cooperate

UM Coverage

UM Coverage/Timeliness of Proceeding

SUM Coverage

First-Party No-Fault - Fraud

First-Party No-Fault - Tolling for Verification

First-Party No-Fault - Peer Review Reports

First-Party No-Fault - Fraudulent Incorporation

First-Party No-Fault - Untimely Denial of Claim

First-Party No-Fault - Peer Reviews

Week of April 2, 2008

Bad Faith Litigation – Equitable Subrogation DECISION OF INTEREST.

Contractual Indemnification

First-Party No-Fault – Fraudulent Incorporation

Week of March 27, 2008

Grave Injury. DECISION OF INTEREST.

Contractual Indemnification. DECISION OF INTEREST.

First-Party No-Fault - Fraudulent Incorporation. DECISION OF INTEREST.

Occurrence. DECISION OF INTEREST.

Homeowners Coverage - Intentional Acts. DECISION OF INTEREST.

First-Party Property Coverage - Yacht Policy.

Subject Matter Jurisdiction - 9/11 Coverage Litigation.

Marine Property Coverage.

First-Party Property - Business Exclusion/Agent Liabiity.

Vandalism Coverage.

Reasonable Belief in Nonliability.

Homeowners - Insured Status.

Timeliness of Disclaimer/Timeliness of Notice of Occurrence/Reasonable Belief in Nonliability.

Auto Exclusion.

Contractual Indemnification - Amendment of Pleadings.

Contractual Indemnification - Scope of Indemnification.

Contractual Indemnification/General Obligations Law.

Contractual Indemnification.

Common-Law Indemnification/Contractual Indemnification.

Common-Law Indemnification.

Contractual Indemnification/Common-Law Indemnification.

UM Coverage/Timeliness of the Proceeding.

UM Coverage/Other Insurance.

SUM - Resident Relative.

Uninsured Motorist Coverage - Physical Contact.

SUM - Untimely Disclaimers.

MVAIC Coverage.

First-Party No-Fault - Vacation of Arbitral Award.

First-Party No-Fault - Lack of Medical Necessity.

First-Party No-Fault - Claim Documentation.

First-Party No-Fault - Untimely Submission of Claims.

First-Party No-Fault - Insured Incident.

First-Party No-Fault - Independent Contractor

Week of March 13, 2008

Consent to Settle. DECISION OF INTEREST.

Rescission - Material Misrepresentation/Waiver and Estoppel/Reformation.

Discovery Disputes - Business Interruption Coverage.

Disclaimers - Excess Coverage.

Duty to Defend.

Contractual Indemnification.

Timeliness of Disclaimer.

Common-Law Indemnification.

Disability Insurance/Duty to Cooperate.

Common-Law Indemnification/Contractual Indemnification.

Untimely Notice/Reasonable Belief in Nonliability.

First-Party No-Fault - Medical Necessity.

Week of March 6, 2008

Punitive Damages/Insurance Law § 2601/Attorney's Fees/General Business Law § 349

First-Party Property - Pollution Exclusion

Homeowners - First-Party Property Coverage

Rain Exclusion/"Efficient Physical Cause."

Additional Insured Coverage

Homeowners Insurance - Business Purposes Exclusion

Common-Law Indemnification/Contractual Indemnification

UM Coverage/Other Insurance/Duty to Cooperate

First-Party No-Fault - Medical Necessity

First-Party No-Fault - Insured Incident

Week of February 27, 2008

Grave Injury. DECISION OF INTEREST

Priority of Coverage - Additional Insureds

Direct Action

Common Law Indemnification

Employee Exclusion/Contractual Liability Exclusion

Common-Law Indemnification - "Grave Injury"/Contractual Indemnification

First-Party No-Fault - Untimely Denial of Claim

First-Party No-Fault - Documentation of Claim

First-Party No-Fault - Unqualified Provider

First-Party No-Fault - Statute of Limitations

First-Party No-Fault - Worker's Compensation

First-Party No-Fault - Statute of Limitations

First-Party No-Fault - Business Records

First-Party No-Fault - Fraudulent Incorporation

First-Party No-Fault - Timely Denial

First-Party No-Fault - Verification Requests

First-Party No-Fault - Discovery

First-Party No-Fault - Admission of Documents/Timely Denial

First-Party No-Fault

Week of February 20, 2008

Consequential Damages. DECISION OF INTEREST

Notice of Suit. DECISION OF INTEREST

Insurable Interest

Business Interruption Coverage

Duty to Settle

Insurance Law § 3420

Back Up/Overflow Exclusion

Collapse Coverage

Notice of Claim

Scope of Coverage - Auto Liability

Proof of Coverage

General Aggregate Limit/Late Notice - Excess Coverage/Untimely Disclaimer - Excess Coverage

Contractual Indemnification/Common-Law Indemnification

Common-Law Indemnification - "Grave Injury"/Contractual Indemnification

Grave Injury

Contractual Indemnification

Common-Law Indemnification

Late Notice - Reasonable Excuse/Insurance Law § 3420(d)

Mortgagee Loss Payable Clause

Additional Insured Status

Contribution/Common-Law Indemnification

Unearned Insurance Premiums

Additional Insured Status/Broker Liability

UM Coverage - Other Insurance

UM Coverage - Physical Contact

First-Party No-Fault

MVAIC Coverage - "Qualified Person."

Uninsured Motorist Benefits - Agreement to Arbitrate

Uninsured Motorist Benefits - Calculation of Limits

Week of February 6, 2008

Additional Insured Coverage/Contribution. DECISION OF INTEREST

Business Auto - Priority of Coverage

Duty to Defend/Coinsurance

Occurrence/Advertising Injury/Designated Premises.

Late Notice

Contractual Limitations Period

Discovery

Forum Selection

Business Auto Coverage - Accident

Contractual Indemnification/General Obligations Law

Common-Law Indemnification

Arbitration Clause

Contractual Indemnification/Common-Law Indemnification

Duty to Defend/Contractual Indemnification

Reasonable Belief in Nonliability

Validity of Disclaimer

SUM Coverage/Notice of Settlement

UM Coverage/Notice of Settlement

First-Party No-Fault - Medical Necessity

First-Party No-Fault - Methods of Proof

Week of January 29, 2008

Timeliness of Disclaimer

Reasonable Belief in Nonliability

Week of January 22, 2008

Contractual Indemnification

SUM Coverage/Qualifying Insured Status.

Common-law Indemnification

Policy Ambiguity/Untimely Disclaimer.

Policyholder Dividends

Broker Liability

Additional Insured Coverage

Insurance Procurement Provision

Insured's Duties After Loss

UM Coverage/Notice of Claim

Employee Exclusion

Late Notice of Occurrence/Insurance Law § 3420(d)

Pollution Exclusion/Collapse Exclusion

First-Party No-Fault - Denial Forms

Week of January 15,2008

Late Notice of Occurrence
Read more...

Week of January 8, 2008

Liquidation Procedure/Reinsurance. DECISION OF INTEREST

Contingent Commissions. DECISION OF INTEREST

Independent Contractor Exclusion/Additional Insured Status

Additional Insured Coverage

Common-Law Indemnification/Failure to Procure Insurance/ General Obligations Law

Contractual Indemnification

UM Arbitration

First-Party No-Fault - Statutory Attorney's Fees

Week of January 1, 2008

Liquidation Procedure/Reinsurance. DECISION OF INTEREST.

Contingent Commissions. DECISION OF INTEREST.

Independent Contractor Exclusion/Additional Insured Status

Additional Insured Coverage.

Common-Law Indemnification/Failure to Procure Insurance/ General Obligations Law.

Contractual Indemnification

UM Arbitration

First-Party No-Fault - Statutory Attorney's Fees.

Week of December 26, 2007

Common-law Indemnification/Contribution

Insurance Procurement Provision

Week of December 19, 2007

Work Product Protection. DECISION OF INTEREST

Insurance Law § 3420(d)/Duty to Cooperate. DECISION OF INTEREST

Not-for-Profit Coverage/Insured Status

Failure to Procure Insurance/Contractual Indemnification

Contractual Indemnification/General Obligations Law

Selection of Counsel/Duty to Cooperate

Policy Reformation/Broker Negligence

Insurance Law § 3420(d)

Late Notice - Excess Coverage/ Insurance Law § 3420(d)

Professional Liability

Broker Negligence

Assignment/Classification Limitations

Notice of Occurrence

Contractual Indemnification

UM Arbitration - Notice of Cancellation

UM Arbitration - Late Notice of Claim

First-Party No-Fault - Default Judgment/Standing

First-Party No-Fault - Intoxication

First-Party No-Fault - Medical Necessity

First-Party No-Fault - Lack of Medical Necessity

Week of December 12, 2007

Contractual Indemnification

Malpractice Insurance -Sexual Assault

Covered Accident - Sexual Assault

Direct Actions

Legal Malpractice Insurance - Known Potential Claims Exclusion

Construction Defects

Prejudgment Interest/Good Faith & Fair Dealing

Estoppel

Limitations Period

SUM Arbitration - Exclusion for Insured's Vehicle

Automobile Physical Damage

First Party No-Fault - Insured Incident

Late Notice - SUM

UM Coverage

First-Party No-Fault - Medical Necessity

First-Party No-Fault - Admission of Documents

First-Party No-Fault - Timely Denial

Week of November 29, 2007

Disability Income Policy - "Total Disability"

Workers Compensation Lien/Antisubrogation Rule

Contractual Indemnification

Late Notice of Claim

Contractual Indemnification/Common-Law Indemnification

Earth Movement Exclusion

Broker/Agent E&O

First-Party Property B Maintenance of Heat Condition

Additional Insured Coverage/Timeliness of Disclaimer

Malpractice Coverage B Late Notice

Insurer Fraud

Contractual Indemnification

Pollution Exclusion

UM Coverage

First-Party No Fault B Timely Denial

Week of November 20, 2007

First-Party No-Fault. DECISION OF INTEREST

Recoupment of Coverage/Antisubrogation/Bad Faith. DECISION OF INTEREST

Waiver and Release/Common Law Indemnification

Proof of Loss

Duty to Defend - Copyright Infringement

Recoupment of Premium

Contractual Indemnification/Failure to Procure Insurance

Contractual Indemnification

Late Notice of Occurrence

Default Judgment

Contractual Indemnification/Additional Insured Status

Timeliness of Disclaimer

Untimely Disclaimer

Contractual Indemnification/Common-law Indemnification

Contractual Limitations Clause

UM Coverage

First-Party No-Fault - Timely Denial

First-Party No-Fault - Specificity of Denial

First-Party No-Fault - Timing of EUO/Evidence of Medical Necessity
First-Party No-Fault - Overpayment of Benefits

Week of November 7, 2007

Reasonable Belief in Nonliability

Common-law Indemnification

Contractual Indemnification

Insured Location

Broker Liability - Additional Insured Coverage

Broker Liability

Business Interruption Coverage

UM Arbitration/Duty of Cooperation

First-Party No-Fault

Week of October 31

Additional Insured Status. In action against two insurers seeking a defense in an underlying action arising from a construction site accident, Second Department modifies order granting plaintiffs’ cross-motion for summary judgment declaring that both insurers owed a duty to defend plaintiffs in underlying action. The court properly determined that first insurer owed a duty to defend where its named insured could be found liable for the underlying accident. Upon a search of the record, Appellate Division modifies the order and grants summary judgment in favor of second insurer declaring that it has no obligation to provide a defense in the underlying action. That the certificate of insurance named plaintiffs as additional insureds in not sufficient to confer coverage in light of the clear language of the policy that plaintiffs are not covered under the policy as named or additional insureds. International Couriers Corp. v. North River Ins. Co., 2007 WL 3146710 (October 30, 2007).

Week of October 24

Relation of Earnings to Insurance Clause – Insurance Law § 3216. DECISION OF INTEREST. In action by insured against insurer surrounding a disability income insurance policy, Court of Appeals holds that the placement of a “Relation of Earnings to Insurance” (REI) clause within the “General Provisions” of the policy is permissible under Insurance Law § 3216. Insured brought action against insurer after insurer paid insured less than the total disability benefit based upon policy’s REI clause calling for a benefits reduction where the total disability benefit exceeded the insured’s monthly income at the time of disability. Court of Appeals rejects insured’s contention that Insurance Law § 3216 required that the REI clause be located in the policy together with the total disability benefit rather than among the policy’s general terms and provisions. Subsection (d) expressly excepts the REI clause from the location requirements of Insurance Law § 3216(c)(7). Friedman v. Connecticut General Life Ins. Co., 2007 WL 3022869 (October 18, 2007).

Week of October 17

Contribution – Indemnification. DECISION OF INTEREST. In a contribution action between two insurers that insured the same defendant in an underlying lead paint case, First Department affirms order that disclaiming insurer is obligated to pay a prorated portion of the settlement paid by the other insurer, notwithstanding the fact that neither policy covered certain periods of time at issue in the underlying claim. Court notes that cases applying time-on-the-risk proration cited by defendant insurer do not involve uninsured periods. Court holds that defendant insurer’s unjustified disclaimer prevents it from challenging plaintiff insurer’s payment of the settlement covering uninsured periods of time. A two-judge dissent finds that defendant insured should have no obligation to contribute to a settlement for uninsured periods of time. State of New York Insurance Department, Liquidation Bureau v. Generali Ins. Co., 2007 WL 2993807 (1st Dept. October 16, 2007).

Week of October 3

Policy Limitations Period. In an action over a first-party property damage claim under a homeowners policy, court grants insurer's motion for summary judgment. Court bases decision on established law that an insurer's investigation of claim and partial payment of claim does not estop insurer from relying on policy's two-year limitations period. Court finds insurer did nothing to lull insureds from foregoing their right to sue. Court notes insurer consistently reserved all of its rights, and made no statements that it intended to forego the policy's limitation period. Court also rejects argument that the limitations period provision is ambiguous. Penna v. Peerless Ins. Co., 2007 WL 2769668 (W.D.N.Y. September 24, 2007).

Week of September 26

Coverage Litigation – Scope of Discovery. In coverage dispute regarding property damage caused by Hurricane Rita, insured brings motion to compel certain claims and underwriting information from insurer. Court grants motion to extent insured seeks identity and job description of involved underwriting and claims personnel. Court also grants motion to produce non-privileged information regarding claims policies and practices. Court denies as unduly burdensome request for all insureds making claims arising from the hurricane and disposition of such claims. Court orders parties to work together to narrow scope of request for documents and information regarding denial of certain claims. Convermat Corp. v. St. Paul Fire and Marine Ins. Co., 2007 WL 27433696 (E.D.N.Y. September 18, 2007).

Week of September 12

Broker Liability. First Department affirms that part of trial court judgment that denied broker’s motion for summary judgment in case where insured sued broker after insured’s co-op insurer denied coverage for various interior furnishings following a fire. Court finds an issue of fact regarding whether the insured requested the sought-after coverage, and observes that broker allegedly assured the insured that the requested coverage had been obtained. A dissent finds that the insured’s request to make sure the apartment was properly insured was too general to support a cause of action. Hersch v. DeWitt Stern Group, Inc., 2007 WL 2493147 (1st Dept. September 6, 2007).

Week of September 5

Duty to Defend - D&O. Court grants partial summary judgment to D&O insurer in a dispute over duty to defend various entities sued for allegedly causing an investor to make inappropriate market trades in order to capture commissions. Court finds that complaint alleges "wrongful acts" under policy and that exclusion for services for compensation does not apply to a defendant officer under the exclusion's management carveback provision. Court, however, finds that exclusion does apply to an individual defendant who is not an officer. Carlin Equities Corp. v. Houston Cas. Co., 2007 WL 2456958 (S.D.N.Y. August 24, 2007).

Week of August 29

Notice to Excess Insurer/Defense Counsel Obligations to Disclose Excess Coverage. DECISION OF INTEREST. Notice of Cancellation - V&T Law Sec. 313, Material Misrepresentation/Insurance Law Sec. 3105, Contractual Indemnification/General Obligations Law, Business Interruption, Fist-Party No-Fault, First-Party No-Fault - Timely Denial, First-Party No-Fault - Business Records, First-Party No-Fault - Medical Necessity, First-Party No-Fault - Insured Incident, First-Party No-Fault - MVAIC, First-Party No-Fault - Insured Vehicle

Week of August 22

Property Adjustment - Insurer. DECISION OF INTEREST.

Contractual Indemnification/General Obligations Law Sec. 5-322.1, Late Notice - Claims-Made Policy, Direct Action/Waiver/Estoppel, General Business Law Sec. 349, Failure to Pay Premiums/Misrepresentation, UM Coverage - Cancellation/Right of Review, Insurance Law Sec. 3420(d) - Necessity of Disclaimer, Contractual Indemnification, Earth Movement Exclusion, Arbitration Clause, Additional Insured Status

Week of August 8

Additional Insured Coverage. DECISION OF INTEREST. Property Adjustment - Insurer Liability, DECISION OF INTEREST, Insurance Law Sec. 3420(d) - Umbrella Coverage, First-Party No-Fault, Contractual Indemnification/General Obligations Law Sec. 5-321, Contractual Indemnification.
Read more...

Week of August 1

LEGISLATIVE UPDATE. Reinsurance - Formation, Reinsurance - Enforcement, Collapse Exclusion, Late Notice/Cancellation, Indemnification/ General Obligations Law Sec. 15-108, Failure to Procure Insurance, Excuse for Late Notice/Insured Status, Common-Law and Contractual Indemnification/Duty to Procure Insurance, First-Party No-Fault - Doctor-Patient Privilege, First-Party No-Fault
Read more...

Week of July 25

Grave Injury/Workers' Compensation Law Sec. 11. DECISION OF INTEREST. Settlement Agreements/Excess Coverage, Marine Property Coverage, Earth Movement Exclusion, Contractual Indemnification/General Obligations Law Sec. 5-321, Broker Liability, First-Party No-Fault
Read more...

Week of July 11

Broker Liability. In plaintiff’s small claims action against insurance broker alleging damages for car service expenses after broker had plaintiff execute a contract with a finance company that plaintiff believed to be a car insurance contract, Appellate Term affirms the dismissal of the complaint where plaintiff failed to establish any act or omission on the part of the broker that caused plaintiff’s insurance to lapse or his license to be suspended and where plaintiff admitted receiving, and not attending to, correspondence from his insurance company alerting plaintiff of his need to submit premiums to avoid an interruption in coverage. Bailey v. JSL/Huntington Agency, Inc., 2007 WL 1881197 (Sup. Ct. App. Term June 29, 2007).

Week of July 5

Additional Insured Coverage - Duty to Defend and Priority of Coverage. DECISION OF INTEREST

Civil Arson, Contractual Indemnification - General Obligations Law Sec 5-322.1, Contractual Indemnification - General Obligations Law Sec. 5-321, Salvage Yard Exclusion, Negligent Construction Exclusion, Material Misrepresentation, Direct Action - Reinsurance, Arbitration - D&O Insurance, Excess Coverage, Notice of Non-Renewal, Direct Action - Late Notice of Occurrence, UM Arbitration, Common-Law Indemnification/ Contribution, First-Party No-Fault

Week of June 20

SUM Coverage - Serious Injury Exclusion. DECISION OF INTEREST, Number of Occurrences. DECISION OF INTEREST, Coverage Litigation Sanctions. DECISION OF INTEREST, Reinsurance Loss Allocation. DECISION OF INTEREST, First-Party No-Fault - Fraudulent Incorporation. DECISION OF INTEREST, Insurance Law Sec. 3420(d) - Federal Law Implications, Bad Faith - D&O, Liquidation Bureau. Duty to Defend, Additional Insured Coverage - Primacy, Contractual Indemnification, Insurer's Duty to Warn, Exclusion for Unexplained Losses, Late Notice of Occurrence, Contractual Indemnification, Allocation Provision, Late Notice of Occurrence/Timely Disclaimer, UM Arbitration, Necessary Parties, SUM Coverage/UM Coverage, Contractual Indemnification, First-Party No-Fault

Week of June 6

Business Interruption Coverage. DECISION OF INTEREST, First-Party No Fault - Claim Documentation, DECISION OF INTEREST, Late Notice of Occurrence/Untimely Disclaimer, General Obligations Law Sec. 5-322.1/Contractual Indemnification, Contractual Indemnification - Incorporation Clauses, Material Misrepresentation, MVAIC Benefits - Qualified Person, First-Party No-Fault - Prejudgment Interest, Late Notice

Week of May 30

Scope of Discovery-Reinsurance Dispute, Duty to Defend-Liquor Liability, Scope of Discovery-First Party Coverage Dispute, Contractual Indemnification, Common-Law Indemnification, Common-Law Indemnification/Contractual Indemnification, Timeliness of Disclaimer/"Mysterious Disappearance" Exclusion, Broker Liability-Additional Insured Coverage, Timeliness of Disclaimer, UM Arbitration-Timeliness of Proceeding, Contractual Indemnification, Savings Clause-"Non-Trucking Use" Endorsement, Additional Insured Coverage, Duty to Indemnify, First-Party No-Fault-Scope of Discovery, First-Party No-Fault - Attorneys' Fees, First-Party No-Fault - Claim Documentation, First-Party No-Fault - Staged Accident, First-Party No-Fault - Denial Documentation, First-Party No-Fault - Severance, First-Party No-Fault - Claim Documentation

Week of May 23

Asbestos Bodily Injury Coverage. DECISION OF INTEREST, First-Party Disclaimers, Additional Insured Coverage/Notice of Occurrence, Additional Insured Coverage/Misrepresentation by Named Insured. Decision of Interest, First-Party No-Fault. DECISION OF INTEREST, Consequential Damages for Breach of Policy, Bad Faith, Additional Insured Coverage - Procurement, Asbestos-Related Claims, Notice of Claim - Environmental, Contractual Indemnification, Common-Law and Contractual Indemnification, Additional Insured Coverage - Scope, Notice of Occurrence/Broker E&O, Contractual Indemnification, UM Arbitration - Resident Insured, Common Law Indemnification/CPLR Sec.1601, UM Coverage - Lack of Accident, Common-Law Indemnification, Expected or Intended Acts Exclusion, Discoverable Documents Relating to Disclaimer, Common Law Indemnification, Scope of Stockholder Duties, MVAIC No-Fault, First-Party No-Fault

Week of May 9

Scope of Additional Insured Coverage, Decision of Interest, Disclaimer for Voluntary Payments, Direct Action, Duty to Defend, Agent E&O, Personal Injury Coverage, Common-Law Indemnification, Additional Insured Coverage, First-Party No-Fault, MVAIC No-Fault

Week of May 2

Firm News 5/2/2007

Marine Policy/Good Faith, Decision of Interest, Fiduciary Duty, Liquor Liability Exclusion/Duty to Defend, Disclaimers, Contractual Indemnification, SUM Arbitration, Direct Action/Notice, Common-Law Indemnification, Duty to Cooperate, Uninsured Motorist Coverage/Covered Auto, Contractual Indemnification, Notice of Suit/Prejudice, Direct Action/Claimant's Notice, Firt-Party No-Fault

Week of April 25

Employee Exclusion/Separation of Insureds. DECISION OF INTEREST, Grave Injury/Workers' Compensation Law Sec. 11, Decision of Interest, Common Law Indemnification, UM Arbitration, "Insured Versus Insured" Exclusion/Not-for-Profit Policy, SUM Arbitration, Broker E&O, Contractual Indemnification, Contractual Indemnification/General Obligations Law, Sec.5-321, Marine Insurance, Bad Faith/Punitive Damages, Coinsurance, Direct Action, Late Notice/Reasonableness of Excuse, SUM Arbitration, Common-Law Indemnification, Consequential Loss Exclusion/Bad Faith, SUM Arbitration, Contractual Indemnification, Additional Insured Status, First-Party No-Fault

Week of April 11

Firm News 4/11/2007

Business Interruption/Late Notice/Proof of Loss. DECISION OF INTEREST,Disability Notice, Late Notice/CGL Versus OCP Coverage, Direct Action Statute, Excuse for Late Notice, Notice of Claim, Insured Location, Contractual Indemnification/Common-Law Indemnification, Contractual Indemnification/General Obligations Law § 5-322.1, First-Party No-Fault

Week of April 4

Duty to Defend, Decision of Interest, SUM Arbitration, Decision of Interest, Fraud/First-Party Property, Discovery of Claim Information, Deceptive Business Practices, Site Development Exclusion/Bad Faith, Fraud/RICO, Additional Insured Status, Contractual Indemnification, Direct Actions/Bankruptcy of Insured, Resident Relative Exclusion, Independent Adjuster Liability, SUM Arbitration, Notice of Occurrence, First-Party No-Fault

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