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...more
9/26/2024
/ Asbestos ,
Casualty Insurance ,
Duty to Defend ,
Extrinsic Evidence ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
New York ,
Toxic Exposure ,
Underwriting
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...more
8/29/2024
/ Bodily Injury ,
Burden of Proof ,
Declaratory Judgments ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Proof of Loss ,
Property Damage ,
State Farm ,
Summary Judgment ,
Water Damage
Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more
7/25/2024
/ D&O Insurance ,
Department of Environmental Protection ,
Derivative Suit ,
Environmental Protection Agency (EPA) ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New Jersey ,
New York ,
Policy Exclusions ,
Pollution Exclusion ,
Shareholders' Agreements
The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more
6/27/2024
/ Bad Faith ,
Breach of Contract ,
Claim Disclaimer ,
Counterclaims ,
Declaratory Judgments ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
New York ,
Policy Terms ,
Property Insurance ,
State Farm ,
Water Damage
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds-
87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more
5/23/2024
/ Auto Insurance ,
Business Losses ,
Declaratory Judgments ,
Default Judgment ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Landlords ,
New York ,
No-Fault Insurance ,
Policy Exclusions ,
Property Damage ,
Tenants
The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more
4/26/2024
/ Attorney's Fees ,
Bodily Injury ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Landlords ,
Legal Fees ,
Motion to Dismiss ,
Policy Exclusions ,
Property Damage ,
Tenants
Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more
3/28/2024
/ Claim Preclusion ,
Deeds ,
Foreclosure ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Materiality ,
New York ,
Policy Exclusions ,
Property Owners ,
Summary Judgment
The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more
1/31/2024
/ Denial of Insurance Coverage ,
Duty to Defend ,
Estoppel ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Policy Exclusions ,
Policy Terms ,
Professional Liability ,
Property Insurance
Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion-
Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more
1/31/2024
/ Attorney Malpractice ,
Bodily Injury ,
Breach of Duty ,
Contractors ,
Defense Costs ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion To Intervene ,
Policy Exclusions
Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was...more
12/27/2023
/ Amount in Controversy ,
Appraisal ,
Disability Benefits ,
Duty to Defend ,
Insurance Claims ,
Insurance Fraud ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Property Insurance ,
Scope of Coverage
New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy-
The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity...more
11/30/2023
/ Auto Insurance ,
Car Accident ,
Duty to Defend ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
New York ,
Premiums ,
Umbrella Policies
The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more
10/27/2023
/ Claims Made Policy ,
Class Action ,
Co-Insured Issues ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
New York ,
Settlement Agreements ,
Stolen Goods ,
Underwriting
Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more
9/27/2023
/ Auto Insurance ,
Beneficiaries ,
Claim Disclaimer ,
Failure To Pay ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Life Insurance ,
New York ,
Policy Exclusions ,
Premiums ,
Property Insurance ,
Termination
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...more
7/28/2023
/ Appraisal ,
Denial of Benefits ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Non-Payment Clauses ,
Policy Terms ,
Property Damage ,
Property Insurance
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...more
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...more
4/27/2023
/ Bodily Injury ,
Duty to Defend ,
Exclusions ,
General Contractors ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Property Damage ,
Property Insurance ,
Subcontractors ,
Third-Party ,
Workplace Injury
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...more
3/29/2023
/ Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Failure To Pay ,
Good Faith ,
Homeowners ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Non-Payment Clauses ,
Premiums ,
Property Insurance
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...more
2/28/2023
/ Construction Contracts ,
Contractors ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Omissions ,
Policy Exclusions ,
Summary Judgment ,
Umbrella Policies
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a...more
Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice-
In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its...more
Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend-
Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an...more
...more
1/27/2022
/ Bad Faith ,
Coronavirus/COVID-19 ,
Duty to Defend ,
Estoppel ,
Exclusions ,
First-Party Coverage ,
Indemnification ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Uninsured and Under-Insured Motorists
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19-
Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
1/29/2021
/ All-Risks Insurance ,
Business Closures ,
Business Interruption ,
Car Accident ,
Civil Authority ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Examinations Under Oath ,
Hazardous Substances ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
No-Fault Insurance ,
Property Damage ,
Summary Judgment
United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more
6/30/2020
/ American Rule ,
Attorney's Fees ,
Breach of Duty ,
Commercial Bankruptcy ,
Corporate Officers ,
Debtor-Creditor ,
Declaratory Judgments ,
Directors ,
Duty to Defend ,
Fiduciary Duty ,
Insurance Litigation ,
Insureds ,
Liability Insurance ,
New York ,
State and Local Government ,
Successor Interests ,
Trusts ,
Unsecured Debt ,
Work-Product Doctrine