New York Court of Appeals Now Tweeting Insurance Coverage Decisions

No, not really. That's just a click-baiting title. But seriously, the court's issuance on December 14, 2017 of 259-character and 219...

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What's not to like about free?  With my recent return to blogging, you, too, can get weekly emails to your chosen inbox with new Coverag...

The HOME in HOMEowner's Insurance -- Questions of Fact on Policyholder's Residence Preclude Summary Judgment

PROPERTY  –  HOMEOWNERS  – RESIDENCY REQUIREMENT Sosenko v. Allstate Ins. Co. (3rd Dept., decided 11/30/2017) No, not HOME as in four-fifths...

When Is Bodily Injury "Caused by an Accident" for Purposes of Supplementary Uninsured/Underinsured Motorists Coverage?

SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE  – INTENTIONAL ACTS – "ACCIDENT" Matter of Progressive Advanced Ins. Co. (...

Signed Bid Proposal Found to Constitute "Written Contract" Triggering Additional Insured Coverage

COMMERCIAL GENERAL LIABILITY  – BLANKET ADDITIONAL INSURED ENDORSEMENT  – "WRITTEN CONTRACT" REQUIREMENT  – SIGNED BID PROPOSAL Ne...

No-Fault Insurer Found Entitled to Breakdown of What Hospital Services Constituted Necessary Emergency Health Services

NO-FAULT – NECESSARY EMERGENCY HEALTH SERVICES – STABILIZATION – INTOXICATION-CAUSED INJURIES St. Barnabas Hospital v. Government Employees ...

What Does It Mean To "Reside" for Insurance Purposes?

PROPERTY – RESIDENCY REQUIREMENT – CHANGE IN OCCUPANCY  – AGENT LIABILITY Harrison v. Allstate Indemnity Co. (Sup. Ct., Steuben Co., decided...

The Updated Should-You-Wish-to-Complain-About-Your-Insurance-Company Advisory Paragraph

I've blogged several times about the consumer advisory paragraph of  New York Insurance Regulation 64 ( 11 NYCRR Part 216 ).  Personal...

Falsus in Uno, Falsus in Omnibus

It has been said that someone who lies about little things will lie about big things.  Not may lie. Will lie.  True or not, many jurisdic...

Poults, Planes, Piling & Named Perils -- A Fowl Coverage Decision for Thanksgiving

COMMERCIAL PROPERTY – TURKEY FLOATER POLICY  – MALICIOUS MISCHIEF  Larson v. Fireman's Fund Insurance Company (Iowa Sup. Ct., decided 12...

Get Your Current 11 NYCRR Part 216 (NY Insurance Regulation 64) Here

Go on.  Find a copy of New York Insurance Regulation 64 (11 NYCRR Part 216) on the New York Department of Financial Services' website . ...

Can You Find The The Mistake?

HOMEOWNERS  – INTENTIONAL ACT  – CRIMINAL ASSAULT  – DUTY TO DEFEND  – DUTY TO INDEMNIFY State Farm Fire & Cas. Co. v. Gloria (Sup. Ct.,...

Summary Judgment Granted to Commercial Property Insurer on New York General Business Law § 349 Deceptive Acts and Practices Claim

COMMERCIAL PROPERTY – WATER DAMAGE – BROADENED WATER-DIRECT DAMAGE COVERAGE EXTENSION  – ENGINEERING EXPERT  – GENERAL BUSINESS LAW § 349  D...

Multiple Claimants But Limited Coverage: Chronological Priority or Pro Rata Payments?

One of our auto insurer clients called me this morning with a question.  Does New York follow the "first in time, first in right" ...