Northern District of New York Grants 12(b)(6) Motion Dismissing Extra-Contractual Damages
On March 30, 2020, Judge Lawrence E. Kahn of the Northern District of New York granted a carrier’s 12(b)(6) motion seeking dismissal of the insured’s extra-contractual claims. The caNew Jersey Legislature Considers Bill Requiring Insurers to Pay for Coronavirus-Related Business Interruption Losses Regardless of Policy Terms
In an effort to curb the spread of the Coronavirus (COVID-19), federal, state and local governments are asking people to stay home. New Jersey, for instance, declared a state of emergency on March 9,New Jersey Appellate Division Dismisses Broker’s Attempt to Hold Defense Counsel Jointly Liable for Failure to Report D&O Claim
The Appellate Division recently rejected an attempt by an insurance broker to assert contribution and common law indemnity claims against two law firms that represented a mutual client as part of a prNorth Carolina Supreme Court Holds the Term ‘ACV’ Unambiguously Includes Depreciation of Labor Costs
Key Takeaways: The term ACV is not susceptible to more than one reasonable interpretation and unambiguously includes depreciation of both material and labor costsSplit decisions in other jurisdictiNo Liability Coverage for Vicariously Liable Punitive Damages in Florida
The Southern District of Florida issued a ruling favorable to insurers in interpreting whether punitive damages are insurable in Florida–even when awarded for vicariously liable acts. The cNY Appellate Court Confirms an Absence of Negligence is no Roadblock to AI Coverage
New York’s Appellate Division, First Department, handed insurers a lump of coal this holiday season, unanimously holding that a contractor’s insurance company (Insurer) owed a property oNY Appellate Court Confirms an Absence of Negligence is no Roadblock to AI Coverage
New York’s Appellate Division, First Department, handed insurers a lump of coal this holiday season, unanimously holding that a contractor’s insurance company (Insurer) owed a propertyNew York Courts Continue to Differ on Interpretation of Primary and Noncontributory Clauses
Most insurance professionals encounter additional insured coverage issues on a daily basis, and priority of coverage is sometimes part of an additional insured analysis. Policies issued by insuranceNo Defense Owed to Insured for Mediation Involving Environmental Contamination
The Illinois Appellate Court recently held that the term “suit†in a commercial general liability policy does not include a pre-suit mediation between the insured and others over the alloNo Privilege for Communications Between Insurance Adjuster and In-House Counsel
Courts around the country continue to refine the scope of the attorney-client privilege and the attorney work-product doctrine in the context of communications between an insurance company adjuster aNo Privilege for Communications Between Insurance Adjuster and In-House Counsel
Courts around the country continue to refine the scope of the attorney-client privilege and the attorney work-product doctrine in the context of communications between an insurance company adjuster aNew Jersey Appellate Court Prohibits Unlicensed Drivers From Collecting PIP Benefits
The New Jersey Appellate Division has ruled that an unlicensed driver may not recover PIP benefits for their own medical expenses sustained in an auto accident, even if they had permission from the vNot So Fast – Pennsylvania’s Bad Faith Statute Is Not A Blank Check for Fees
The Third Circuit recently held that a jury bad faith damage award does not automatically entitle a successful claimant to an award of attorney’s fees under Pennsylvania’s bad faith staNY Court Clarifies Pleading Standard for “Consequential Damages†in Coverage Litigation
The Appellate Division of New York’s Supreme Court, First Department, recently overturned a trial court’s dismissal of an insured’s claim for consequential damages on a pre-answeNew York Appellate Court Permits Use of Extrinsic Facts to “Clarify Ambiguous Pleadings†and Establish the Applicability of a Policy’s Auto Exclusion
On October 23, 2018, our Global Insurance Services group hosted an interactive webinar discussing states’ varying interpretations of what is considered “loading and unloading†in thNo Second Chances: New Jersey Appellate Division Prohibits Alleged Insurance Fraudster From Re-Litigating Issue Of Whether There Was An Underlying Auto Accident
The New Jersey Appellate Division held that an individual alleged to have submitted a fraudulent insurance claim as a result of an auto accident was collaterally estopped from litigating for a secondNew York Court Finds Insured Failed to Establish its Broad Discovery Demands Might Lead to Evidence Relevant to the Application of an Exclusionary Provision in Commercial General Liability Policy
In Northfield Insurance Company v. Golob, an insurer issued a commercial general liability policy to owners of a residential construction project. The policy contained an exclusion titled “ContrNew York Appellate Division Split on Claim Preclusion of Bad Faith Action
By decision dated June 8, 2018, the New York State Supreme Court, Appellate Division, Fourth Department, affirmed the trial court’s denial of an insurer’s motion to dismiss bad faith claimNY’s Highest Court Holds “Unavailability Exception†Unavailable for Pro Rata Allocation
Policyholders must pick up the tab for pollution claims in years when insurance was unavailable for those risks, the New York Court of Appeals ruled on March 27, 2018. In the closely-watched case KeySMeet The Experts
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