Recent events have once again thrust issues of insurance coverage into the forefront. In this article, we bring attention to recent actions taken by the Superintendent of the New York State Department of Financial Services, in response to the extensive power outages, loss of life and property, and ongoing harm to public health and safety wrought by Hurricane/Storm Sandy, for the protection of policyholders. We then turn to the more mundane—a recent decision of first impression on a question that has intrigued us for many years—the applicability of an excess or umbrella policy in the coverage comparison that determines the trigger of SUM (Supplementary Uninsured/Underinsured Motorist) coverage.
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