Intoxication, Stabilization, and Necessary Emergency Health Services

In July 2010, the New York State legislature passed  a law  -- Chapter 303 of the Laws of 2010 -- amending the mandatory PIP endorsement...

Wind or Water? -- A Superstorm Sandy Loss

HOMEOWNERS – PROPERTY – FLOOD  – WATER DAMAGE EXCLUSION – WIND  – ANTI-CONCURRENT CAUSATION CLAUSE        Clarke v. Travco Ins. Co. (S.D.N.Y...

A Day Late and Some Dollars Short

NO-FAULT – LATE NOTICE – WRITTEN NOTICE OF ACCIDENT     Great Health Care Chiropractic, P.C. v Elrac, Inc. (App. Term, 2nd Dept., decided 8/...

Excess to Infinity

EMPLOYERS LIABILITY – COMMERCIAL UMBRELLA – UNLIMITED COVERAGE  – EXHAUSTION OF PRIMARY POLICY LIMIT –  SCHEDULE OF UNDERLYING INSURANCE    ...

Suing for Bad Faith in Bad Faith Warrants Sanctions

NO-FAULT – PRIVITY – BAD FAITH – INDIVIDUAL LIABILITY – FRIVOLOUS ACTION    Hunter v. Hereford Ins. Co. (NYC Civ. Ct., Queens Co., decided 8...

Storm Sewers, Sumps Pumps and Insurance Coverage

Six to eight inches of rain fell in my neighborhood this past Friday night.  It was all the talk of our neighborhood block party last night...

Only Causal Link Between Named Insured's Acts or Omissions and Injury Required for Additional Insured Coverage to Apply

CGL – SCOPE OF ADDITIONAL INSURED COVERAGE  – CAUSED BY NAMED INSURED'S ACTS OR OMISSIONS  – CAUSAL LINK  – ANTISUBROGATION RULE    Burl...

Estoppel by Delay

PROFESSIONAL LIABILITY   – LATE NOTICE  – UNTIMELY DISCLAIMER   – ESTOPPEL B&R Consol., LLC v Zurich Am. Ins. Co. (2nd Dept., decided 9/...

Different Families Successively Exposed to Lead Paint in Same Apartment Over Several Policy Periods Entitled to Only One Policy Limit Under Policy's Noncummulation Clause

LIABILITY – LANDLORDS POLICY – NONCUMULATION CLAUSE – LEAD PAINT CLAIMS Nesmith v. Allstate Ins. Co. (Ct. Apps., decided 11/25/2014) In Hira...

Water Damage from Broken Water Main Not Due to "Explosion"

PROPERTY  – HOMEOWNERS  – WATER LOSS EXCLUSION  – EXPLOSION EXCEPTION Platek v. Town of Hamburg (Ct. Apps., decided 2/19/2015) A subsurface ...

Police Vehicle Is Not a "Motor Vehicle" Covered by a SUM Endorsement

SUM   – "MOTOR VEHICLE" – POLICE VEHICLE Matter of State Farm Mut. Auto Insur. Co. v. Fitzgerald (Ct. Apps., decided 7/1/2015) Whi...

Notice to Subscribers

To the 245 subscribers of this blog: I've reactivated this blog, which means that you will be receiving weekly email updates like the on...

Danger Invites Rescue Doctrine Applied to Reverse Stay of SUM Arbitration

SUM   – USE OR OPERATION  – DANGER INVITES RESCUE DOCTRINE Matter of Encompass Indem. Co. v. Rich (2nd Dept., decided 8/5/2015) A firefighte...