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Posts in Insurance Coverage.
February 2022 Insurance Update

This month, our Insurance Update highlights pivotal provisions of the newly installed New Jersey Insurance Fair Conduct Act and looks at issues to consider as the statute moves forward as part of New Jersey’s bad faith law. This post also summarizes New York and Pennsylvania decisions ...

January 2022 Insurance Update: Reviewing End-of-2021 Decisions Dismissing Policyholder Coverage Suits for COVID-19 Losses

In this post, we summarize three end-of-2021 decisions that dismissed coverage suits by policyholders seeking business income, extra expense and civil authority coverage for COVID-19 losses. As the Southern District of New York recognized in the case that is the subject of our first ...

Covered in this post:

  • District Court Finds Bad Faith Claim Devoid of Merit
  • New Jersey Appellate Division Refuses to Reform Policy Limits When Insured Failed to Inspect Declaration Page
  • Court Affirms that New York Does Not Recognize an Independent Tort For The Bad Faith Denial of Coverage

NEW ...

Covered in this post: 

  • New Jersey Appellate Division Rejects Bad Faith Claim When Insurer Settles Less Than All Underlying Claims for Policy Limit
  • New Jersey District Court Rejects Policyholder's Attempt to Amend Complaint to Add Bad Faith Claim
  • New Jersey Appellate Division Allows ...

Covered in this post: 

  • New Jersey Supreme Court Holds Doctrine of Res Judicata Bars Plaintiff's Subsequent Claim for Bad Faith
  • Supreme Court Finds No Bad Faith When Relying Upon Unpublished Appellate Division Decision and Plain Reading of Policy Language
  • Federal Court Remands Insurance ...

Covered in this post:

  • District Court Denies Motion to Dismiss Insurer's Declaratory Judgment Action
  • Bad Faith Component of Suit Severed from Underlying Coverage Dispute
  • Court of Appeals Declines to Interpret Exception to Exclusion as Providing Coverage Under Homeowner's Policy for Loss ...

Covered in this post: 

  • Court Grants Summary Judgment in Favor of Insurer Based on Policyholder's Unexcused Delay in Providing Notice
  • New York Trial Court Finds Coverage But Denies Bids for Attorney's Fees and Finding of Insurer Bad Faith
  • District Court Finds No Bad Faith Where Question of ...

Covered in this post:

  • Appellate Division Finds Two of Four Named Insured Endorsements Obviate Coverage
  • Appellate Division Finds No Coverage under Fungus Exclusions
  • Appellate Division Remands to Allow Participation of Necessary Party in Subrogation Dispute

Covered in this post:

  • National Flood Insurance Act One-Year Statute of Limitations Strictly Applies to Preclude Sandy flood Coverage Claim
  • Appellate Division Explains "Hidden" Decay Provision Requires Policyholder to Establish it Neither Knew Nor Should Have Known of Condition
Covered in this post:
  • Covered in this post:
    • Court Applies Factual Nexus Test to Exclude Coverage for Related Claims
    • Southern District Permits Discovery Reflecting Reserve Information But Defers Ruling on Admissibility
    • Appellate Division Finds No Duty to Defend Non-Covered Contract ...

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