By Abdul Somad Minggu, 27 Januari 2019 "Dependent Property" Business Income Loss Coverage Commercial Property Not "Dependent Property" -- Denial of Business Income Loss Claim Upheld COMMERCIAL PROPERTY – BUSINESS INCOME LOSS CLAIM – "DEPENDENT PROPERTY" Cohen & Slamowitz, LLP v. Zurich Am. Ins. Co. (2nd...
By Abdul Somad Senin, 21 Januari 2019 Bad Faith Commercial Property Consequential Damages Implied Covenant of Good Faith and Fair Dealing Cause of Action for Consequential Damages Found Allegationally Sufficient and Reinstated COMMERCIAL PROPERTY – CONSEQUENTIAL DAMAGES – IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING – BAD FAITH – ALLEGATIONAL SUFFICIENCY DK...
By Abdul Somad Januari 21, 2019 Best Evidence Rule CGL Designated Ongoing Operations Exclusion Duty to Defend Duty to Indemnify Copy Compiled from Underwriting Records Ruled Not Best Evidence of the Policy. Judgment for Insurer Reversed and New Trial Ordered. COMMERCIAL GENERAL LIABILITY – DESIGNATED ONGOING OPERATIONS EXCLUSION ENDORSEMENT – DUTY TO DEFEND & INDEMNIFY – BEST EVIDENCE RULE P...
By Abdul Somad Senin, 09 Juli 2018 Anti-Stacking Language Commercial Property Employee Dishonesty Coverage Number of Occurrences When 5 + 3 = 1 COMMERCIAL PACKAGE POLICY – EMPLOYEE DISHONESTY COVERAGE – NUMBER OF OCCURRENCES – ANTI-STACKING PROVISION Dan Tait, Inc. v. Farm Fam...
By Abdul Somad Juli 09, 2018 Lien Law § 184 Towing and Storage Charges Words Matter -- a Notice of Storage Lien That Lacks the Word "Lien" Is Invalid AUTO – TOWING/STORAGE CHARGES – STORAGE LIEN – LIEN LAW § 184(5) Matter of Nissan Motor Acceptance Corp. v All County Towing (3rd Dep...
By Abdul Somad Minggu, 08 Juli 2018 Bad Faith Direct Action Homeowners Insurance Law § 3420(a)(2) Insurance Law § 3420(b)(1) Res Judicata Standing Injured Party/Judgment Creditor Who Obtains Assignment of Insureds' Bad Faith Claim After Conclusion of Direct Action May Bring Second Action Against Liability Insurer HOMEOWNERS – LIABILITY – EXCESS JUDGMENT – STANDING – BAD FAITH – INSURANCE LAW 3420(A)(2) & (B)(1) Corle v. Allstate Ins. Co. (4...
By Abdul Somad Senin, 25 Juni 2018 Public Adjuster Regulation 64 May a New York Property Insurer Communicate Directly with Its Insured Who Is Represented by a Public Adjuster? This was yesterday's question of the day, one I'm asked from time to time. Each time I get this question I check New York's ins...