The Court of Appeals recently issued several important decisions either directly or indirectly related to insurance coverage. We do not discuss the Court of Appeals’ recent reversal of its prior decision in K2 Investment Group v. American Guaranty & Liability Ins.,1 in which the court followed its precedent and held that even when the insurer wrongfully disclaims coverage it is entitled to rely on policy exclusions to determine its indemnity obligations. Rather we focus on several other decisions including one from the Eastern District.
In Country-Wide Insurance v. Preferred Trucking Services,2 the Court of Appeals addressed the timing of the insurer’s disclaimer based on the insured’s failure to cooperate. In Deborah Voss v. the Netherlands Ins.,3 the Court of Appeals held a special relationship may exist between the client and her insurance broker when: the client informs the broker of the specific need for business interruption insurance; the client relied on the broker’s recommendations as to the amount of coverage needed; and the broker represented that he would continue to review the coverage requirements.
