By Abdul Somad Senin, 26 Agustus 2019 Ambiguity Commercial Property Employee Dishonesty Coverage Employee Theft Coverage Special Employee Theft Exclusion Summary Judgment Granted to Insurer Based on Policy's Special Employee Theft Exclusion COMMERCIAL PROPERTY – EMPLOYEE DISHONESTY COVERAGE – SPECIAL EMPLOYEE THEFT EXCLUSION Albany Airport HIE, LLC v. The Hanover Ins. Grp., In...
By Abdul Somad Agustus 26, 2019 Application Misrepresentation arbitration EUO No-Fault Rate Evasion Denial of No-Fault Benefits to Assignee of Rate Evader Upheld in Arbitration NO-FAULT – RATE EVASION – AAA ARBITRATION DECISION Matter of Bronx Chiropractic Health Services, PC aao SB and State Farm Fire & Cas. ...
By Abdul Somad Rabu, 14 Agustus 2019 Child Victims Act CVA Declaratory Judgment Expected/Intended Harm Exclusion Occurrence The Archdiocese of New York v. The 32 Insurance Companies and Groups That Issued Policies to the Archdiocese from September 1956 Through December 2000 Litigation over insurance coverage for CVA-revived (Child Victims Act) lawsuits apparently began even before the CVA went into effort on Aug...
By Abdul Somad Selasa, 13 Agustus 2019 Child Victims Act CVA Sexual Abuse Sexual Molestation Child Victims Act Actions -- Insurance Coverage Considerations At midnight tonight (August 14, 2019), New York's Child Victims Act (CVA) takes effect. The Act's summary states: Provides that th...
By Abdul Somad Senin, 04 Februari 2019 Freezing Peril Reasonable Care to Maintain Heat Unoccupied Vacant The Polar Vortex and Reasonable Care to Maintain Heat Wasn't it the under-apple-tree-sitting Sir Isaac Newton who first said that what goes down must come up? (Physics wasn't my thing i...
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...