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Court-Appeals-Building New York Court of Appeals building. Photo: Rick Kopstein/ALM

On Nov. 20, 2017, New York’s highest court dramatically expanded the breadth of New York Insurance Law §3420. Carlson v. American International Group, 2017 NY Slip Op 08163 (2017). That section establishes the minimum requirements for liability insurance policies in the state. For liability policies that do not include required provisions, at least as favorable to insureds and injured parties, the statute deems provisions into the policies. The Court of Appeals held that it not only applied to policies that were issued to New York insureds or by New York insurers but also to insureds that have a presence in New York and create risks in New York.

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