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December 07, 2012 | Insurance Coverage Law Center

Damages from Asbestos Products Were an ‘Occurrence’ Even Though Insured Was Aware of Risks, Appellate Court Rules

An intermediate appellate court in New York has affirmed a trial court decision granting Union Carbide Corporation’s motion for partial summary judgment…
2 minute read
October 29, 2012 | Insurance Coverage Law Center

Insurer Had Duty to Defend and Indemnify Hotel Where Guest Contracted Legionnaires’ Disease at Outdoor Spa

Is a complaint against an insured hotel alleging that a guest contracted Legionnaires’ Disease from an outdoor spa excluded from coverage under the…
4 minute read
July 09, 2012 | Insurance Coverage Law Center

Reinsurance

As a general rule, reinsurance contracts are contracts of indemnity, which give the original assured no right of action against the reinsurer. An exception…
1 minute read
December 12, 2011 |

Panel Revives Malpractice Claim Against Attorney

A unanimous First Department panel has reinstated a legal malpractice case accusing Manhattan attorney Edward M. Fogarty of depriving a client of a $194,000 judgment through a procedural error.
2 minute read
July 16, 2007 |

Insurer Allowed To Drop Hot Potato Lawyer

While former Fairfield lawyer John M. Claydon Jr. sits in jail, his former malpractice insurer, Liberty International Underwriters, is free from any obligation to pay any claims against him.
3 minute read
February 06, 2012 |

Newsmakers

2 minute read
July 03, 2012 |

Indemnity Provisions: Take My Negligence...Please

Louis F. Eckert, a partner with Litchfield Cavo, and Russel McBrearty, a senior associate with the firm, write: Case law is abundant in finding contractual provisions exempting a party from its own negligence, where there was no gross negligence and no statutory exception applies. The easy case is where such a provision expressly provides for such indemnity. However, some contractual provisions of this nature are written more broadly, and indemnification exempting a party from its own negligence must be shown through interpretation of the provision to be clear and unambiguous.
6 minute read
October 16, 2012 |

Traumatic Brain Injury: When Is a Grave Injury Not a 'Grave Injury?'

Louis F. Eckert, a partner at Litchfield Cavo, and Michael Kozoriz, a senior associate at the firm, write that an employer of an injured worker covered by Workers' Compensation is immune from claims for common law indemnification and contribution in a subsequent civil action provided that the worker has not sustained a "grave injury" as that term is defined by Workers' Compensation Law §11.
9 minute read
August 22, 2013 |

Court Approves $365,000 Award in Legal Malpractice Lawsuit

Manhattan Supreme Court Justice Louis York said on Monday that a construction company established that attorney Edward Fogarty Jr. "was negligent in going ahead with a patently meritless claim" against a surety company in New York "without making any attempt to see if a viable claim remained in New Jersey."
4 minute read
October 16, 2013 |

Satisfying Judgment Before Right to Indemnification Is Vindicated

Louis F. Eckert, a senior partner with Litchfield Cavo, and Michael J. Kozoriz, a senior associate with the firm, review cases that demonstrate the costly decision that a defendant or its insurer makes in delaying payment of a judgment or not participating in a settlement where there is a reasonable likelihood that it will be called upon to indemnify another party that has satisfied a claim.
9 minute read

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