Chael Clark | PropertyCasualtyFocus Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was recently applied by the Southern District of New York in Philadelphia… Continue reading The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Tag: New York
It’s Not Over … Until The Panel Sings
Jonathan Bank and Matthew Murphy | Locke Lord | November 1, 2019 A federal court in New York recently held that an arbitration panel retained the right to resolve any dispute arising out of an arbitration award. In Chicago Insurance Company v. General Reinsurance Corporation et al., no. 18-cv-10450, 2019 WL 5387819 (S.D.N.Y. Oct. 22, 2019),… Continue reading It’s Not Over … Until The Panel Sings
New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel
Paul Ferland | Property Insurance Law Observer | October 29, 2019 A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation. In Otsuka America, Inc. v. Crum & Forster Specialty Insurance Co., 2019 WL… Continue reading New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel
Is Being Named As An “Additional Insured” On An Insurance Endorsement Sufficient To Provide
Henry L. Goldberg and Michael J. Hogan | Moritt Hock & Hamroff | August 22, 2018 The New York Court of Appeals (New York’s highest court) recently held that being named as an additional insured on a Certificate of Insurance might not, by itself, provide any coverage for additional insureds. The Dormitory Authority of the… Continue reading Is Being Named As An “Additional Insured” On An Insurance Endorsement Sufficient To Provide
Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay Tuned.
Peter Strniste | Robinson & Cole Construction Law Zone | July 6, 2018 For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing. If signed into law, S. R. 06686, Reg. Sess. 2017-2018 (NY 2017) will require public entities… Continue reading Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay Tuned.