***OLT POLICY -- ENTRUSTMENT EXCLUSION*** In August 2020 the Chenango County (NY) Supreme Court granted summary judgment to the insurer d...
(New) NY CPLR § 4549 -- Admissibility of an Opposing Party's Statement
I've alerted you about Original Strength CIDA and the impending CIDA Light, but another new civil action-related provision was signed in...
CIDA Light -- Coming Soon (We Hope)
Yesterday, New Year's Day 2022, I posted about New York Governor Kathy Hochul's unfortunate and ill-informed signing of New York...
New York. New Year. New "Comprehensive Insurance Disclosure" Bad Law.
Happy New Year, everyone. Unfortunately 2022 started with some bad news 👎 for insureds and their liability insurers that are or will be fa...
The Bane of Being the Butt of Jokes
Who doesn't like a well-written judicial decision? Especially when the case is about insurance coverage? In ECB USA, Inc. v. Chubb Ins....
Kamis, 16 Desember 2021
'Twas The Risky Night Before Christmas -- How an Insurance Professional Reads the Classic
'Twas the night before Christmas ( 12:01 a.m. 12/25 ) and all through the house ( single family, joisted masonry, e.c.3, terr. 44, pc5 )...
Selasa, 07 Desember 2021
11 NYCRR Part 25
Mortgagee Rights
Public Adjuster
Public Adjuster Compensation
Regulation 10
New York's Revised Public Adjuster Regulation 10 (11 NYCRR Part 25)
Dropping this here. Effective October 8, 2021 , the New York State Department of Financial Services promulgated the Seventh Amendment to ...
Minggu, 05 Desember 2021
"Bodily Injury"
Controlled Substance Exclusion
Insuring Agreement
Occurrence
The Interpretation & Applicability (Or Inapplicability) of the Controlled Substance Exclusion of a Homeowners Policy (At Least in PA for the Time Being)
Although this decision is from the Pennsylvania Superior Court (intermediate appellate-level court), it's interesting enough (at least t...
Kamis, 25 November 2021
Application Misrepresentation
Declaratory Judgment
Default Judgment
Garaging Fraud
No-Fault
Rate Evasion
Rate Evasion/Garaging Fraud -- Obtaining a Declaratory Judgment of No No-Fault Coverage Owed
NO-FAULT – AUTO POLICY – APPLICATION MISREPRESENATION – RATE EVASION – GARAGING FRAUD State Farm Fire & Cas. Co. v. AutoRx (Sup. Ct....
That or Which and the Rules of Grammar in Insurance Contract Interpretation
Those who follow me on LinkedIn know that I consider myself somewhat of a (okay, an obsessive-compulsive) grammarian. A post to LinkedIn ...
When a Structure Can be Said to Have "Replaced" Another Structure for Replacement Cost Coverage Purposes -- The "Functional Similarity" Test
What do you think? Can a multi-building commercial property comprising a supermarket, a wine and liquor store, a hardware store, a drug sto...
November 04, 2021
Contractual Suit Limitations Period
Insurance Law § 3404(e)
Insurance Law § 3404(f)(1)
New York Standard Fire Insurance Policy
If You Must Sue Us on Your Property Claim, You Must Do So Within ____ Years After the Loss
Quiz time. Question: New York law permits property insurers to require that any suits brought against the insurer to recover for any proper...