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Court Rules that Additional Insured Coverage is Primary, Despite Contrasting Rulings

By Richard A. Fogel |

A Manhattan trial judge has ruled that a CGL policy which includes a primary and noncontributory clause provides primary coverage for all additional insureds, despite different outcomes involving similar policies in other New York courts. Learn more about the case below, and contact a New York insurance coverage dispute attorney for help with your… Read More »

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Recent Court Opinion Appears to Diminish Protections of Attorney-Client Privilege in Insurance Coverage Matters

By Richard A. Fogel |

In a recent opinion issued by Judge Masley of the Supreme Court of New York, the court ruled that certain memoranda created by counsel to an insurer should be considered a discoverable document in a breach of contract and declaratory judgment action filed by an insured. (Note: In New York, the Supreme Court is… Read More »

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District Court Dismisses Bad Faith Claims Handling Lawsuit where No “Specific Conduct” Pled

By Richard A. Fogel |

In a recent decision from the United States Court for the Northern District of New York, an insured’s claim of bad faith claims handling was dismissed on a motion for summary judgment because the complaint did not “specify any alleged acts evidencing bad faith.” Learn more about the case below, and contact an experienced… Read More »

Tort law

New Law Could Change Landscape for Tort Defendants

By Richard A. Fogel |

A law that could mean greater financial liability for defendants in tort lawsuits in New York has received approval from the state’s assembly and senate and will move on to Gov. Andrew Cuomo for approval or veto. Learn more below about the possible changes to New York’s General Obligations Law, and contact an experienced… Read More »

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Court Overturns Asbestos Verdict in Favor of Plaintiff for Failure to Prove Sufficient Exposure

By Richard A. Fogel |

In a brief opinion, the Appellate Division of the First Department overturned a jury verdict in favor of a plaintiff who claimed that talc in the defendant’s product had caused mesothelioma. The decision cited both the 2017 Juni v. A.O. Smith decision, as well as Parker v. Mobil Oil, to support the conclusion that… Read More »

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Second Circuit Affirms Dismissal of Insurance Claim Due to Late Notice

By Richard A. Fogel |

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 »

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Dispute between Reinsurer and Insurer Affirms Need to Make Terms and Expectations Explicit

By Richard A. Fogel |

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 »

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New York Appellate Division Rules that Building Owner May Have Additional Insured Status under Contractor’s CGL Policy

By Richard A. Fogel |

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 »

Filing a bad faith lawsuit

New York Court Addresses Pleading Requirements for Consequential Damages

By Richard A. Fogel |

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 »

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NYC Local Law One and Lead Paint Abatement

By Richard A. Fogel |

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 »

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