Those who follow me on LinkedIn know that I consider myself somewhat of a (okay, an obsessive-compulsive) grammarian. A post to LinkedIn ...
When a Structure Can be Said to Have "Replaced" Another Structure for Replacement Cost Coverage Purposes -- The "Functional Similarity" Test
What do you think? Can a multi-building commercial property comprising a supermarket, a wine and liquor store, a hardware store, a drug sto...
November 03, 2021
Contractual Suit Limitations Period
Insurance Law § 3404(e)
Insurance Law § 3404(f)(1)
New York Standard Fire Insurance Policy
If You Must Sue Us on Your Property Claim, You Must Do So Within ____ Years After the Loss
Quiz time. Question: New York law permits property insurers to require that any suits brought against the insurer to recover for any proper...
Refusing to Issue or Renew, or Cancelling or Charging More for a Homeowners Insurance Policy Based on Certain Dog Breeds Will Be Illegal in New York State Come January 28, 2022
On October 30, 2021, New York Governor Kathy Hochul signed into law bill S4254 / A4075 , which prohibits insurers from refusing to issue or ...
Monday, October 25, 2021
Diminished Value
Massachusetts High Court Rules Auto Insurers Must Pay For Inherent Diminished Value
Massachusetts High Court Rules Auto Insurers Must Pay For Inherent Diminished Value (click to read the Claims Journal article) To be clear-...
Monday, October 18, 2021
Snoozz -- Tab & Window Snoozing
Snoozz - Tab & Window Snoozing Snoozz is an excellent tab and window snoozing browser extension alternative to Tab Snooze, which I...
Court-Ordered Discovery in Aid of SUM Arbitration Denied
MATTER OF ARBITRATION OF ALLSTATE INSURANCE COMPANY , 2021 NY Slip Op 5418 - NY: Appellate Div., 4th Dept. 2021 - Google Scholar Justice del...
Monday, September 6, 2021
Updated COVID-19 Business Interruption Coverage New York Decisions
The labor of my Labor Day...Updated COVID-19 Business Interruption Coverage New York Decisions (as of September 6, 2021) Until today, I had...
Saturday, June 26, 2021
Business Income Loss Coverage
Business Interruption Coverage
Civil Authority Coverage
COVID-19
Direct Physical Loss
Direct Physical Loss of or Damage to Property
General Business Law § 349
⚠ NEW YORK COVID-19 #BUSINESSINTERRUPTION CASE UPDATE ⚠
The "score" in New York on COVID-19 #businessinterruption coverage lawsuits, where "direct physical loss" or "direc...
NYS Appellate Division, Fourth Department, Holds That the Undefined Term "Reasonable Care" as Used in a Homeowners Policy's Freezing Exclusion, Is Ambiguous
PROPERTY – HOMEOWNERS POLICY – FROZEN/BURST WATER PIPES – FREEZING EXCLUSION – REASONABLE CARE TO MAINTAIN HEAT McAleavey v. Chautauqua...
Toll or Suspension? The New York Appellate Division, Second Department, Weighs In
CIVIL PROCEDURE – COVID-19 EXECUTIVE ORDERS – SUSPENSION OR TOLL? Brash v. Richards (2nd Dept., 6/2/2021) I've posed the question here ...
Monday, June 14, 2021
Regulation 64
The REVISED (and Current) Should-You-Wish-to-Complain-About-Your-Insurance-Company Advisory Paragraph of New York Insurance Regulation 64
This marks the seventh of many times since May 2008 that I've blogged about what I like to call the consumer advisory paragraph of Ne...
Sunday, June 6, 2021
Business Income Loss Coverage
Business Interruption Coverage
Civil Authority Coverage
COVID-19
COVID-19 Business Interruption Coverage Cases Decided Under New York Law -- 18-0 for Insurers
June 6, 2021 ~~ To date, 18 courts (14 federal/4 state) applying New York law have issued decisions on motions in COVID-19 business inter...
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