In this quarter’s column, we explore a pending case that may set significant precedent in New York concerning insurance defense and indemnification.
The case is American Precision Industries v. Federal Insurance Co., No. 14-CV-1050-RJA-HKS, 2021 WL 8263499 (W.D.N.Y. Aug. 4, 2021), report and recommendation adopted in part, rejected in part, No. 14-CV-1050, 2022 WL 17828843 (W.D.N.Y. Dec. 21, 2022). The case was initially filed in 2014 and was referred to Hon. Kenneth Schroeder Jr. for all pretrial matters. Judge Schroeder issued a Report, Recommendation, and Order on Aug. 4, 2021 to address the parties’ respective summary judgment motions. Hon. Richard J. Arcara issued a Decision and Order on Dec. 21, 2022 adopting in part and rejecting in part Judge Schroder’s Report, Recommendation, and Order.
