There Are No Such Things -- First Department Affirms Dismissal of CGL Insurer's "Equitable Indemnity" and "Equitable Reapportionment" Causes of Action

COMMERCIAL GENERAL LIABILITY  – COMMERCIAL UMBRELLA LIABILITY  – COINSURANCE RECOVERY ACTION  United Natl. Ins. Co. v. Travelers Prop. Cas. ...

Mental Injury Not Resulting from Bodily Injury, Sickness or Disease Is Not Covered

GENERAL LIABILITY  – "BODILY INJURY" – MENTAL INJURY  Incorporated Village of Old Westbury v. American Alternative Ins. Co. (2nd C...

Use or Operation of Bus Found to Be Proximate Cause of Passenger's Injury for New York No-Fault Purposes

NO-FAULT  – USE OR OPERATION OF A MOTOR VEHICLE   – COURT REVIEW OF ARBITRATION RULINGS Matter of New York City Tr. Auth. v Physical Medicin...

Jury Verdict Finding Named Insured Was Residing in Insured Premises Affirmed

PROPERTY  –  HOMEOWNERS – RESIDENCY REQUIREMENT  – POLLUTION EXCLUSION  – ASBESTOS CONTROL COSTS  – LOSS OF RENTS Cotillis v. New York Cent....

Go Fish. New York Court of Appeals Rejects Factual Predicate Threshold Requirement for Discovery of Non-Public Facebook Content

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...

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...

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....