SOCIAL MEDIA DISCOVERY – DEFENSE OF PERSONAL INJURY CLAIM – FACEBOOK CONTENT Forman v. Henkin (Ct. Apps., 2/13/2018) Since 2011, I have ...
Court Upholds Insurer's Refusal to Produce in Discovery Information Regarding Claims of Other Insureds
PROPERTY – QUESTIONS OF FACT PRECLUDING SUMMARY JUDGMENT – SCOPE OF DISCOVERY Gray v. Tri-State Consumer Ins. Co. (2nd Dept., 1/31/2018)...
Two-Year Suit Deadline Runs from Actual Loss Date, Not from Loss Date Used on Insurer's Correspondence
COMMERCIAL PROPERTY – TWO-YEAR SUIT LIMITATION CONDITION – ESTOPPEL Kotecki's Grandview Grove Corp. v. Acadia Ins. Co. (4th Dept., 2...
Februari 12, 2018
The Million Word March
Was it in 1995 or 1996 that I debuted my office's annual New York Coverage seminar ? Do any of my readers remember? I remember that T...
Jumat, 02 Februari 2018
additional insured
Excess
Insurance Law § 3420(d)(2)
Late Notice
Untimely Disclaimer
Excess Insurer's Disclaimer 37 Days After First Notice Held Untimely as a Matter of Law
EXCESS – ADDITIONAL INSURED – LATE NOTICE TO EXCESS INSURER – 37-DAY UNTIMELY DISCLAIMER Liberty Mut. Fire Ins. Co. v. Navigators Ins....
Deleting the Preantepenultimate and Antepenultimate Paragraphs
Why waste a hyphen when multiple prefixes will do? This morning I received a batch of Google Scholar email alerts. I discovered Google Sch...
Januari 30, 2018
Welcome New Subscribers!
Welcome new subscribers. This past weekend's subscription drive is going well, and our readership has grown nicely. Couple of points: I...
Senin, 29 Januari 2018
Accord and Satisfaction
Who Remembers Drop Drafts? Should You Cash Them?
On Friday last week I got a call from an insurer client, who told me that in response to his approximately $21,000 subrogation demand to the...
Januari 29, 2018
Commercial Property
Dishonest or Criminal Act Exclusion
Entrustment Exclusion
Eviction
Vandalism
Leasing Property is Entrusting Property for Purposes of the Dishonest or Criminal Act/Entrustment Exclusion
COMMERCIAL PROPERTY – VANDALISM DAMAGE TO LEASED PREMISES – DISHONEST OR CRIMINAL ACTS EXCLUSION – ENTRUSTMENT EXCLUSION Winking Group...
An EUO No-Show By Any Other Name...
NO-FAULT – EUO NO-SHOW Active Care Med. Supply Corp. v. ELRAC Inc. (NYC Civ. Ct., Kings Co., decided 11/17/2017) How many assignor EUO no-s...
The AAA Insurance Reporter & The Impact of Fraudulent Procurement of Auto Policies on New York No-Fault Claims
In 2017, after a six-year hiatus, the American Arbitration Association's New York State Insurance Division brought back a "new and ...
Januari 22, 2018
11 NYCRR § 65-3.16(b)(3)
Cancellation
Divisibility
Loss of Earnings
No-Fault
Personal Umbrella
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...
Jumat, 19 Januari 2018
Sign Me Up!
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. (...
Sabtu, 13 Januari 2018
"Written Contract"
additional insured
Blanket Additional Insured Endorsement
CGL
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...