By Abdul Somad Senin, 05 Maret 2018 Disparagement Duty to Defend Wrongful Act Passing References Do Not a Covered Claim Make "WRONGFUL ACT" – ANTITRUST LAWSUIT – DUTY TO DEFEND Carfax, Inc. v. Illinois National Ins. Co. (1st Dept., 3/1/2018) Carfax...
By Abdul Somad Maret 05, 2018 Absolute Pollution Exclusion CGL Choice of Law Commercial Umbrella Liability Bodily Injuries from Large, White, Environmentally Mobile Cloud of Toxic Chlorine Gas Excluded by Absolute Pollution Exclusion COMMERCIAL GENERAL LIABILITY – COMMERCIAL UMBRELLA LIABILITY – ABSOLUTE POLLUTION EXCLUSION – CHOICE OF LAW – BODILY INJURY CLAIMS Be...
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 Senin, 26 Februari 2018 "Bodily Injury" 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...
By Abdul Somad Minggu, 25 Februari 2018 No-Fault Use or Operation 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...
By Abdul Somad Februari 25, 2018 "Residence Premises" Additional Living Expenses Homeowners Pollution Exclusion Property Residency 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....
By Abdul Somad Senin, 19 Februari 2018 Discovery Facebook Social Media 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 ...