New York Law Journal | Analysis
By Russell Yankwitt and Scott Wenzel | April 20, 2022
A discussion of the new CIDA, signed into law on Dec. 31, 2021, by Governor Hochul, which overhauls CPLR 3101(f) and places significant burdens on defendants to proactively provide to plaintiffs certain insurance information and documentation. While the CIDA as amended is more palatable to defendants, it still marks a significant change in insurance disclosures that defendants in New York state actions are required to make.
By Jeffrey G. Steinberg and Benjamin Zelermyer | April 8, 2022
The type of prejudgment interest involved (and the terms of the policy, if interest is part of the underlying claim) will determine whether the insurer is liable for such interest in excess of the policy limits even in the absence of bad faith.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | March 29, 2022
In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss the new disclosure obligations imposed by the Comprehensive Insurance Disclosure Act, the modifications to the original version of the Act, which scaled back some requirements, as well as some issues and concerns posed by the new disclosure obligations.
By Peter A. Halprin, Jeffrey L. Schulman and Stephen Wah | March 4, 2022
For New York companies, lawyers, and jurists, the 'Merck' decision provides guidance at a critical moment. "War" exclusions may be increasingly tested as cyber crime and unconventional forms of hostilities proliferate.
New York Law Journal | Analysis
By Michael A. Sirignano | March 3, 2022
As Michael A. Sirignano discusses in this edition of his Insurance Fraud column, opioid fraud (or allegations of such fraud) reaches into nearly every segment of the industry, from prescribing physicians and medical staff to pharmacies, and results in significant financial losses to private insurance carriers and government health insurance programs including Medicare and Medicaid.
By Patrick Smith | February 24, 2022
Two groups of former Big Law attorneys started new firms in early 2021. And it worked.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | January 27, 2022
The dispute between Bear Stearns and its insurers over coverage for $140 million in disgorgement paid in connection with an SEC settlement has wound its way up and down the New York state courts. In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss 'J.P. Morgan Securities v. Vigilant Insurance Company,' where the Court of Appeals weighed in for the second time and again reversed in favor of Bear Stearns.
By Jane Wester | December 28, 2021
The three-judge panel of Guido Calabresi, Rosemary Pooler and Steven Menashi upheld U.S. District Judge Lorna G. Schofield of the Southern District of New York's finding that Global Reinsurance Corporation of America must pay its share of Century Indemnity Company's defense costs in excess of the reinsurance certificates' liability limits.
By Allen R. Wolff and Ethan W. Middlebrooks | December 10, 2021
A recent decision from the U.S. District Court for the Eastern District of New York illustrates an effective approach for an owner or general contractor to receive defense coverage as an additional insured to a subcontractor's liability insurance.
New York Law Journal | Analysis
By Jonathan A. Dachs | December 6, 2021
The insurer's duty to defend its insured has recently been the subject of numerous decisions by the courts of this state, which Jonathan Dachs discusses and cites in this edition of his Insurance Law column.
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