Blog
Coverage Counsel
http://nycoveragecounsel.blogspot.com/
A rolling dialogue of New York insurance coverage cases and issues
294 articles
"Stage Hand" Exclusion Found to be Ambiguous
From Coverage Counsel, 4 month ago, Read 0 times. Similar articles
CGL ? "STAGE HAND" EXCLUSION ? "ARISING OUT OF" ? AMBIGUITY
Dzielski v. Essex Ins. Co.
(4th Dept., decided 12/23/2011)
We all know that courts construe policy exclusions narrowly and, when they are found to be ambiguous, against the insurer. ?But it's seemingly getting tougher and tougher to sustain exclusion-based denials in New York's Fourth Judicial Department. ?Is the "clear and unmistakable language ... subject to no other reasonable interpretation" standard of construing...
Read more
Interresting ? 0
... and Sometimes the Bar Eats You
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
CGL ? 62-DAY LATE NOTICE ? 33-DAY UNTIMELY DISCLAIMER
Tower Ins. Co. of N.Y. v. NHT Owners LLC
(1st Dept., decided 12/20/2011)
Those of you who read the advance sheets know that Tower Insurance Company has successfully defended many late notice disclaimers, especially in the Appellate Division, First Department, where Tower is headquartered.? Reporting delays of 3 months, 5 months, 5 months, 7 months, 9 months, and?9 months to Tower have been ruled unreasonable as a matter of law,...
Read more
Interresting ? 0
Coverage Counsel Honored as a LexisNexis Top Insurance Law Blog for 2011
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
I am pleased to announce that this blog has again been selected as a LexisNexis Top Blog for Insurance Law. The top blogs were nominated by the LexisNexis Insurance Law Community members.
From LexisNexis:
After some very careful review and a great deal of deliberation, the LexisNexis Insurance Law Community has selected its?Top Insurance Blogs for 2011.
We'd like to express gratitude to our Community members for your comments and suggestions. All of you submitted many of the new...
Read more
Interresting ? 0
Claim Professionals Cannot be Held Personally Liable
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
HOMEOWNERS ? BREACH OF CONTRACT ? PUNITIVE DAMAGES ? FRAUD ? ATTORNEYS' FEES ? PERSONAL LIABILITY
O'Keefe v. Allstate Ins. Co.
(2nd Dept., decided 12/13/2011)?
There's nothing new in this decision, but it sets forth a number of important and useful principles relating to the defense of first-party property coverage disputes:
Personal Liability of Claims Professionals?
Agents of a disclosed principal cannot be held personally liable for the principal's breach of contract.?...
Read more
Interresting ? 0
Don't Ask, Don't Tell Me You Have a Good Faith Belief in Nonliability
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
CGL ? LATE NOTICE ? GOOD FAITH BELIEF IN NONLIABILITY
Fine Line Bldrs. & Remodelers, Inc. v. Atlantic Cas. Ins. Co.
(2nd Dept., decided 12/13/2011)?
Atlantic Casualty disclaimed liability coverage based on its insured's late notice of an accident.? The insured attempted to explain its late notice by claiming that it had a good faith belief in nonliability, one of the judicially recognized excuses for late notice in New York.? The motion court was unpersuaded, granting...
Read more
Interresting ? 0
New York Appellate Court Holds that Third-Party Diminution in Value Damages Are Recoverable in Addition to Cost of Repairs for Personal Property that Appreciates in Value
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
PERSONAL AUTO ? THIRD-PARTY DIMINISHED VALUE ? COST OF REPAIRS ? MEASURE OF RECOVERABLE DAMAGES
Franklin Corp. v Prahler
(4th Dept., decided 11/10/2011)?
Spoiler alert: it could be said that this decision makes new law in New York on the issue of whether third-party diminution of value damages for a motor vehicle are recoverable in addition to the cost of repairs even if the repairs restore the vehicle to its pre-accident condition.? In the opinion of the Appellate Division, Fourth...
Read more
Interresting ? 0
Homeowner Insurer's Failure to Timely Respond to Insured's Proof of Loss or Send 90-Day Delay Letters Does Not Preclude Exclusion-Based Coverage Defenses
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
PROPERTY ? HOMEOWNERS ? PROOF OF LOSS ? REGULATION 64 ? 90-DAY DELAY LETTERS ? DEFENSE PRECLUSION
Mallory v. Allstate Ins. Co.
(2nd Dept., decided 12/6/2011)?
Section 216.6 (c) of New York Insurance Regulation 64 (Title 11 NYCRR Part 216) requires an insurer, "[w]ithin 15 business days after receipt by the insurer of a properly executed proof of loss and/or receipt of all items, statements and forms which the insurer requested from the claimant," (30 days if the insurer suspects that...
Read more
Interresting ? 0
Appellate Division, First Department, Holds that Fee Schedule is a Precludable Defense
From Coverage Counsel, 5 month ago, Read 0 times. Similar articles
NO-FAULT ? WORKERS' COMPENSATION FEE SCHEDULE ? DEFENSE PRECLUSION ? UNTIMELY DENIAL ? INSURANCE LAW ? 5106
Mercury Cas. Co. v. Encare, Inc.
(1st Dept., decided 12/13/2011)?
If a New York no-fault insurer does not issue a timely denial of PIP benefits, is it precluded from limiting payment to the amounts prescribed by the New York workers' compensation fee schedule' ?In the opinion of the Appellate Division, First Department, the answer is YES, it is precluded from asserting the fee...
Read more
Interresting ? 0
Why I Haven't Been Blogging
From Coverage Counsel, 6 month ago, Read 0 times. Similar articles
Since mid-November I've been occupied with getting ready for and trying this, this, this, this and this.? Yes, the trial judge really did call my client's intentional acts defense "incomprehensible".? We'll see what the jury thinks.? Deliberations and verdict should come tomorrow.
Update ~~ December 13, 2011
After another day of trying the case against two lawyers, one to my side and one in front of me on the bench, the jury swiftly returned a verdict for the plaintiff.?...
Read more
Interresting ? 0
What Consitutes Prejudice to a Liability Insurer' A Default Judgment Taken Against its Insured Does.
From Coverage Counsel, 6 month ago, Read 0 times. Similar articles
AUTO ? LATE NOTICE OF SUIT ? DEFAULT JUDGMENT AGAINST INSURED ? PREJUDICE
Vernet v Eveready Ins. Co.
(2nd Dept., decided 11/1/2011)?
Under certain types of New York liability insurance policies issued, renewed or modified on and after January 17, 2009, an insured's late notice of an accident or occurrence or of a related lawsuit must prejudice the insurer before it may decline coverage based on the late notice.? New York Insurance Law ? 3420(a)(5) now provides that qualifying...
Read more
Interresting ? 0
