Recent Blog Posts
Second Circuit Affirms Dismissal of Insurance Claim Due to Late Notice
In recent years, insurance coverage litigation has involved a weakening of the defense of late notice against insured claims. Nevertheless, of the United States Court of Appeals for the Second Circuit recently affirmed a lower court case dismissing a claim for coverage when the insured was four months late in providing notice of a… Read More »
Dispute between Reinsurer and Insurer Affirms Need to Make Terms and Expectations Explicit
A recent decision issued by a federal court in the Northern District of New York, stemming from a ten-day trial between an insurer and reinsurer, offered a mixed outcome for the two parties. The decision issued in the case of Utica Mutual Insurance Company v. Munich Reinsurance America, Inc. offered a ruling on whether… Read More »
New York Appellate Division Rules that Building Owner May Have Additional Insured Status under Contractor’s CGL Policy
The First Department of the New York Appellate Division recently issued a long-awaited opinion in a case looking at whether a property owner had additional insured status under a contractor’s CGL policy. The case provides an example of the time and money that can be saved by having a skilled attorney review contracts and… Read More »
New York Court Addresses Pleading Requirements for Consequential Damages
Consequential damages stemming from a bad faith coverage dispute between an insurer and policyholder require a stronger showing of evidence than do most other forms of damages. New York insurance coverage attorneys have long understood the type of showing necessary to prove these damages at trial, but the degree of particularity when requesting these… Read More »
NYC Local Law One and Lead Paint Abatement
New York law places responsibilities on residential landlords regarding lead paint issues that may be present in their units. Many of these duties can be found in New York City’s Childhood Lead Poisoning Prevention Act of 2003, commonly referred to as Local Law One. Landlords generally lack the protection of insurance coverage for lead… Read More »
Damage Caused by Freezing Pipes Covered by Insurance Only where Owners Take Reasonable Action
The “Polar Vortex” has already wrought havoc in states along the East Coast and Midwest, and more record-breaking cold weather is anticipated. When temperatures fall and remain below freezing, homeowners and landlords often encounter unusual and challenging weather-related issues with their properties, such as freezing pipes. Property owners may find themselves managing the aftermath… Read More »
Appeal Courts Finds No Evidence for Toxic Exposure from World Trade Center Site
In a recent opinion, the First Department (Manhattan) of the New York Appellate Division clarified that mere speculation cannot support a finding of causation for an exposure-related “new onset disease” under New York’s Retirement and Social Security Law. The case involves toxic exposure and the World Trade Center site, where 9/11 happened. Learn more… Read More »
New York Appellate Division Cites Mobil Oil Standard in Toxic Exposure Case
New York courts are continuing to grapple with the standards they will use when considering the credibility and weight to be afforded to expert witness reports and testimony in toxic exposure cases they consider. A recent opinion issued by the First Department of the New York Appellate Division has cited the landmark case on… Read More »
Third-Party Insurer Obligated to Defend Despite Notice Delay and Lead Exclusion
In a case where both the insured and insurer were late in providing notice, the First Department of the New York Appellate Division concluded that the insured had a stronger argument. The court ruled that, despite several potential grounds for disclaiming coverage, the insurer was obligated to defend the additional insured on a worker’s… Read More »
Claim for Lead Exposure Permitted by Appellate Division to Proceed
The First Department of the New York Appellate Division has recently issued a decision in a claim for damages related to alleged lead poisoning. The judges upheld the trial court’s decision denying the defendants’ motion to dismiss the plaintiff’s claims, permitting the claim to move forward toward trial. Learn more about their decision and… Read More »
