By Jason Grant | June 17, 2022
The Appellate Division, First Department court also allowed the Botanical Garden to proceed with a related breach of the implied covenant of good faith claim against the insurance company.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | June 15, 2022
RWI has become increasingly available for public company transactions to mitigate risk associated with a public target's breach of representations and warranties. For this edition of their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes collaborated with colleagues at McGill and Partners to discuss the use of RWI in public company deals.
By Jane Wester | June 9, 2022
The judges revived a case that had been dismissed by an Eastern District of New York judge on the grounds that the plaintiff did not exhaust his administrative remedies. But the 2nd Circuit faulted Hartford Insurance's decision as not final.
New York Law Journal | Analysis
By Jonathan Goeringer, Stephanie Pierce and JillAllison Opell | June 3, 2022
MGAs can provide an attractive option for insurers exploring a new or niche market, allowing those insurers to enter such market without making the typical expenditures required to do so.
New York Law Journal | Analysis
By John H. FitzSimons and Alexander M. Razi | June 2, 2022
'First Solar' is a significant decision that puts the focus of the analysis of whether claims are related in its proper place, the actual terms of the insurance contract entered into between the insured and the insurer.
By Angela Turturro | May 23, 2022
In this Special Report: "New York State Finalizes Changes to Insurance Disclosure Law," "While New Biometric Privacy Laws Have Led to Widespread Litigation and Large Settlements, Most Courts Have Held That Insurance Covers These Claims," "An Insurer's Ongoing Battle To Limit Disputable Discovery," "The 'Related Claims' Provision in Insurance Coverage Disputes," "Supply Chain Woes Bring Contingent Business Interruption Recovery—and Its Limitations—Into Sharp Focus" and "Call to Action: Modernizing the 'War Exclusion' for the 21st Century."
By Jillian Raines and Amber N. Morris | May 20, 2022
Many prudent businesses are revisiting their insurance portfolio, seeking confirmation that their coverage will adequately protect them if they are victimized by increasingly sophisticated cyberattacks, including those connected to the acute conflict in Ukraine.
By Cort T. Malone and Jade W. Sobh | May 20, 2022
Across the United States, legislatures are passing new biometric privacy laws with potentially onerous fines, making businesses who collect biometric information, and the insurance companies that sell policies to those companies, understandably nervous.
By Mikaela Whitman and Tae Andrews | May 20, 2022
These provisions can play a pivotal role in the amount of coverage available for a given claim or claim(s) and can determine whether "claims" trigger multiple policy years or instead, whether those "claims" trigger only a single policy year.
By Brian R. Biggie and Joanna M. Roberto | May 20, 2022
Proactively limiting discovery, or shielding information, may not be an effort to hide such information from a litigant, but necessary to avoid irrelevant information from impacting a motion for summary judgment or more importantly, a jury's decision.
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