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October 03, 2023 | The Recorder

Sam Bankman-Fried Sues Insurer to Cover Defense Costs in New York Criminal Trial, Other Litigation

According to a complaint filed in the Northern District of California federal court, an insurance company must pay for his legal defense "without regard to whether payments may exhaust the policy limit."
3 minute read
May 22, 2023 | New York Law Journal

Anti-Subrogation Rule When Pursuing Workers' Comp 1B Coverage in Construction Accidents

When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
10 minute read
May 22, 2023 | New York Law Journal

A Defective Precedent for 'Defective Work' in Insurance Coverage

Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.
8 minute read
February 13, 2023 | New Jersey Law Journal

Index to Verbal Threshold Opinions

Since 1988, there have been over 120 published cases that deal with some aspect of the verbal threshold. These cases are listed here in chronological order by subject matter.
8 minute read
February 10, 2023 | New York Law Journal

First Dept. Tosses Out Most of MSG Companies' COVID-19 Business Loss Suit Against Major Insurers

The lawsuit, filed in March 2021, alleges that the 35 linked Madison Square Garden companies paid "millions of dollars in premiums," but "instead of honoring their obligations, the Insurers have paid nothing for the MSG Insureds' losses."
4 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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January 26, 2023 | Law.com

Judge: Insurer Must Defend, Indemnify Contractor Accused of Negligence in Building Collapse

"The underlying complaint alleges that as a result of Dello Russo's faulty workmanship during renovations, the building partially collapsed, requiring the demolition of the remaining structure. In other words, the underlying complaint alleges that Dello Russo's negligence caused an accident. Accordingly, the claims against Dello Russo allege 'property damage' caused by an 'occurrence,'" the court said.
5 minute read
January 06, 2023 | Texas Lawyer

Ericsson Targets Carriers in Action Over Coverage of Asbestos Claims

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
September 12, 2022 | The Legal Intelligencer

At Odds With 'Occurrences' in Pennsylvania Faulty Workmanship Claims

Here we are again. When last writing on this topic in 2018, courts within the commonwealth consistently ruled that faulty workmanship and negligent construction do not rise to the level of an "occurrence" in commercial general liabilities (CGL) policies.
8 minute read
May 05, 2022 | New York Law Journal

Additional Insured Coverage and Third-Party Pleadings

This discussion will examine how unfolding case law since 'Burlington' has delved ever deeper into the nature of causation and most recently led to a new body of law interpreting the effect of third-party pleadings on AI coverage.
7 minute read
April 29, 2022 | New Jersey Law Journal

NJ Appeals Court: DOBI Commissioner, Rather Than AG, Can Pursue Action Against Out-of-State Insurers

The New Jersey Appellate Division has ruled that the commissioner of the state Department of Banking and Insurance can pursue an administrative action against two out-of-state companies and their two New Jersey affiliates, rather than relying on the state attorney general to bring a lawsuit over alleged improper insurance-related practices in the state.
4 minute read

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