Child Victims Act Actions -- Insurance Coverage Considerations

At midnight tonight (August 14, 2019), New York's Child Victims Act  (CVA) takes effect.  The Act's summary states: Provides that th...

The Polar Vortex and Reasonable Care to Maintain Heat

Wasn't it the under-apple-tree-sitting Sir Isaac Newton who first said that what goes down must come up?  (Physics wasn't my thing i...

Not "Dependent Property" -- Denial of Business Income Loss Claim Upheld

COMMERCIAL PROPERTY  – BUSINESS INCOME LOSS CLAIM  – "DEPENDENT PROPERTY"   Cohen & Slamowitz, LLP v. Zurich Am. Ins. Co. (2nd...

Cause of Action for Consequential Damages Found Allegationally Sufficient and Reinstated

COMMERCIAL PROPERTY  – CONSEQUENTIAL DAMAGES – IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING  – BAD FAITH  – ALLEGATIONAL SUFFICIENCY   DK...

Copy Compiled from Underwriting Records Ruled Not Best Evidence of the Policy. Judgment for Insurer Reversed and New Trial Ordered.

COMMERCIAL GENERAL LIABILITY – DESIGNATED ONGOING OPERATIONS EXCLUSION ENDORSEMENT – DUTY TO DEFEND & INDEMNIFY – BEST EVIDENCE RULE   P...

When 5 + 3 = 1

COMMERCIAL PACKAGE POLICY  – EMPLOYEE DISHONESTY COVERAGE  – NUMBER OF OCCURRENCES   – ANTI-STACKING PROVISION   Dan Tait, Inc. v. Farm Fam...

Words Matter -- a Notice of Storage Lien That Lacks the Word "Lien" Is Invalid

AUTO  – TOWING/STORAGE CHARGES  – STORAGE  LIEN  – LIEN LAW § 184(5)   Matter of Nissan Motor Acceptance Corp. v All County Towing (3rd Dep...

Injured Party/Judgment Creditor Who Obtains Assignment of Insureds' Bad Faith Claim After Conclusion of Direct Action May Bring Second Action Against Liability Insurer

HOMEOWNERS  – LIABILITY – EXCESS JUDGMENT  – STANDING  –  BAD FAITH  – INSURANCE LAW 3420(A)(2) & (B)(1)   Corle v. Allstate Ins. Co. (4...

May a New York Property Insurer Communicate Directly with Its Insured Who Is Represented by a Public Adjuster?

This was yesterday's question of the day, one I'm asked from time to time.  Each time I get this question I check New York's ins...

That's Incredible! (as a Matter of Law)

HOMEOWNERS – PROOF OF LOSS CONDITION – SUMMARY JUDGMENT  Finley v. Erie and Niagara Ins. Assn. (4th Dept., 6/15/2018) Russell Finley's h...

How to Abandon Your Complaint in New York (and Kiss Your $22,000 Subro Claim Goodbye)

SUBROGATION  – CPLR § 3215(C) – DEFAULT PROCEEDINGS NOT TAKEN WITHIN ONE YEAR  Selective Auto. Ins. Co. of NJ a/s/o Pine v. Nesbitt (1st Dep...

Summary Judgment to Homeowners Insurer on Insured's Failure to Reasonable Care to Maintain Heat Affirmed By Third Department

HOMEOWNERS   – FREEZING EXCLUSION  – REASONABLE CARE TO MAINTAIN HEAT  Stephenson v. Allstate Indem. Co. (3rd Dept., 4/19/2018) The insured ...

Burden of Proving Exception to Exclusion Falls on Insured

COMMERCIAL GENERAL LIABILITY  – BURDEN OF PROOF – EXCEPTION TO EXCLUSION  Corbel Constr. Co. v Arch Specialty Ins. Co. (2nd Dept., 4/11/2018...