By Abdul Somad Minggu, 15 April 2018 Burden of Proof CGL Commercial Liability Exception to Exclusion Burden of Proving Exception to Exclusion Falls on Insured COMMERCIAL GENERAL LIABILITY – BURDEN OF PROOF – EXCEPTION TO EXCLUSION Corbel Constr. Co. v Arch Specialty Ins. Co. (2nd Dept., 4/11/2018...
By Abdul Somad Selasa, 27 Februari 2018 CGL coinsurance Commercial Liability Commercial Umbrella Liability Equitable Subrogation 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. ...
By Abdul Somad Selasa, 03 November 2015 Commercial Liability Default Judgment Insurance Law § 3420(d)(2) Late Notice Prejudice Untimely Disclaimer Defending the Insured's Default Without Disclaiming Dooms the Declaratory Judgment Action COMMERCIAL LIABILITY – LATE NOTICE – PREJUDICE – UNTIMELY DISCLAIMER Montpelier US Ins. Co. v. 240 Mt. Hope Realty Co. (SDNY, decided 10/22...
By Abdul Somad Kamis, 13 Agustus 2015 additional insured Antisubrogation Rule CGL Commercial Liability 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...
By Abdul Somad Minggu, 09 Agustus 2015 Commercial Liability Landlords Policy Lead Paint Noncummulation Clause 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...