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No Smoking! Pollution Exclusion Bars Coverage For Claims Arising Out of “Smoky” Beverage

While Florida courts have typically refused to limit pollution exclusions within insurance policies to traditional environmental claims, a District Court in Florida has extended the application of suc

New York Governor Andrew Cuomo Nominates New DFS Superintendent

Governor Andrew Cuomo has nominated Maria T. Vullo as the new Superintendent of the Department of Financial Services. If confirmed by the New York State Senate, she would replace Benjamin Lawsky who r

Non-Party’s Claim of Employment Relationship with Plaintiff Creates Question of Fact in DJ Action

A complaint clearly and repeatedly alleges the plaintiff was the employee of the defendant, but for purposes of the employment practices exclusion, was she really? At this point, it’s unclear a

NYDFS Has New Acting Superintendent

New York State Governor Andrew Cuomo recently named Shirin Emami as Acting Superintendent of the New York Department of Financial Services (NYDFS). She is the second acting superintendent since the re

New York Court Takes a Bite Out of Multiple Occurrences Argument

A New York Federal District Court recently held that an attack by two dogs upon two pedestrians constituted a single occurrence under the dog owners’ homeowners policy.  In so holding, the c

NYDFS Has New Acting Superintendent

New York State Governor Andrew Cuomo recently named Shirin Emami as Acting Superintendent of the New York Department of Financial Services (NYDFS). She is the second acting superintendent since the re

NYDFS Notifies Federal Regulators of New Potential Cyber Security Regulations

On November 9, 2015, the New York State Department of Financial Services (NYDFS) sent a memorandum entitled Potential New NYDFS Cyber Security Regulation Requirements to several federal and state f

NYDFS Notifies Federal Regulators of New Potential Cyber Security Regulations

On November 9, 2015, the New York State Department of Financial Services (NYDFS) sent a memorandum entitled Potential New NYDFS Cyber Security Regulation Requirements to several federal and state f

No Coverage for Consumer Privacy Claims Say Third Circuit and Seventh Circuit

In two recent cases, the Third Circuit and Seventh Circuit each found an absence of coverage under general liability policies resulting from consumer privacy claims, one for alleged violations of a st

NAIC and CSIS Host Cyber Risk Conference

This post first appeared on Goldberg Segalla’s Data Privacy & Security blog. On September 10, 2015, the National Association of Insurance Commissioners (NAIC) and the Center for Stra

Not If, But When: Another Health Insurer Hacked

In mid-September, it was reported that hackers hit another set of health insurance companies. In this case, the hackers hit The Lifetime Healthcare Companies and its affiliates including Excellus Blue

Not So Fast: Despite Policy Rescission, New Jersey Supreme Court Holds Auto Insurer Liable to Injured Third-Party

The New Jersey Supreme Court considered whether the issuer of a basic automobile insurance policy, voided due to a fraudulent application, is still on the hook for liability claims of innocent third p

New Law and a New Trial: Eleventh Circuit Overturns Florida Court Judgment Against GEICO in Bad Faith Lawsuit

On Wednesday, August 19, 2015 the Eleventh Circuit issued a significant ruling that allows evidence to be introduced at trial regarding previous decisions in that litigation, as well as changes in cov

NAIC Tackles Cybersecurity Including Proposed Consumer Cybersecurity Bill of Rights

In the wake of recent cyber breaches against major health insurance companies, the NAIC is undertaking three initiatives designed to “protect consumer information and educate the public about cy

NY Unfair Claims Settlement Practices Bill Dies with Close of Legislative Session

The 2015 Legislative Session in New York came to a close in the wee hours of June 26, 2015. Among the bills introduced this session was S-4049/A-0257 amending the New York Insurance Law with respect t

New York Appellate Division Finds No Coverage Under Bond For Losses Arising From Madoff’s Ponzi Scheme

In Jacobson Family Investments, Inc. v. Nation Union Fire Insurance Co. of Pittsburgh, PA, 2015 N.Y. App. Div. LEXIS 5175 (1st Dep’t; June 18, 2015), the New York Appellate Division, First Depar

No Bad Faith Where Insurer’s Valuation of Claimant’s Injuries is in the Ballpark

In Hicks v. Progressive Casualty Insurance Co., 2015 U.S. Dist. LEXIS 71985 (C.D. Cal. June 1, 2015), the district court held that Progressive did not breach the implied covenant of good faith and fai

No Sanctions for Policyholder Discovery Abuses

An insurer brought a claim for sanctions in dismissing a property owner’s lawsuit over coverage for damage from Hurricane Ike over discovery abuses. The insurer sought what is commonly known in

Northern District of Illinois Draws Line Between Trademark Infringement and Trade Dress Infringement

In AU Electronics, Inc. v. Harleysville Group, Inc., No. 13 C 5947, 2015 U.S. Dist. LEXIS 2887 (N.D. Ill. Mar. 10, 2015) the U.S. District Court for the Northern District of Illinois granted summary j

New York Department of Financial Services Superintendent Continues Criticism of “Shadow Insurance” Transactions in Letter to U.S. Senate Committee

New York Department of Financial Services (DFS) Superintendent Benjamin Lawsky continued his attack against the use of so-called “shadow insurance” in an April 27, 2015 letter to the Honor

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