By Scott Mollen | April 11, 2023
Scott Mollen discusses 'Borah, Goldstein, Altschuler, Nahins & Goidel v. Cont'l Cas. Co., where the court dismissed an insurance claim brought by the law firm which closed during the COVID-19 pandemic, and "Chazak Equities LLC v. Hamilton, where defendants had a contractual right to terminate the contract and return deposit to plaintiff.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | March 28, 2023
In the case of prior or pending litigation exclusions, the policyholder-insurer dispute is typically over whether a later filed claim arises out of the same subject matter or alleged activities as a prior or pending litigation.
By Eric B. Stern and Jack Eyers | March 24, 2023
The December 2022 decision of 'New England Systems, Inc. v. Citizens Insurance Company of America' used the term "impairment" in the business interruption coverage section of a cyber-risk policy, to potentially broaden the scope of business interruption coverage well beyond its prior interpretations.
New York Law Journal | Expert Opinion
By Peter A. Crusco | February 27, 2023
In his Cyber Crime column, Peter Crusco discusses recent case law compared to earlier law and how these decisions demonstrate that "although the technology has changed, contract law has remained stable and appropriate to respond to the new developments in cybersecurity insurance."
By Emily Saul | February 10, 2023
Matthew Jones is a fourth-general lawyer in his family's more than century-old firm, which represents mostly insurance carriers and self-insured employers.
By Jason Grant | February 10, 2023
The lawsuit, filed in March 2021, alleges that the 35 linked Madison Square Garden companies paid "millions of dollars in premiums," but "instead of honoring their obligations, the Insurers have paid nothing for the MSG Insureds' losses."
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | February 7, 2023
In some cases, a dispute over the duty to defend may be justiciable but a dispute over the duty to indemnify involving the same facts may not be. This article discusses the recent case 'Admiral Insurance Co. v. Niagara Transformer Corporation,' which addressed this issue and clarified the applicable standards to use.
New York Law Journal | Analysis
By Riane F. Lafferty | February 3, 2023
This column explores a pending case, 'American Precision Industries v. Federal Insurance Co.', that may set significant precedent in New York concerning insurance defense and indemnification.
New York Law Journal | Analysis
By Luma S. Al-Shibib and James A. Goodridge | January 25, 2023
The article summarizes the key cyber coverage decisions of 2022—and from a policyholder's viewpoint, the good, the bad, and the in-between.
By Kathleen Ginnane | January 6, 2023
The outcome of 'Green v. Dutchess County BOCES' provides greater certainty to the industry amid a series of confusing and unsettling decisions.
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