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Posts in Insurance Coverage.

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 ...

Covered in this post: 

Covered in this post: 

  • Directors' and Officers' Liability Coverage Not Available When Policyholder Committed No "Wrongful Act" against Third Party
  • Settlement Agreement Upheld as Reasonable under Griggs Standard
  • Insurer's Fraudulent Joinder Argument Ineffective ...

Covered in this post:

  • True Excess Policy Takes Priority of Coverage Over Primary Liability Policy Containing Excess Other Insurance Clause
  • District Court Untangles Six-Way Priority of Coverage Dispute Arising from Multi-Million Underlying Personal Injury Settlement
  • Court Finds ...

Covered in this post:

  • New Jersey Appellate Division Touches Upon Various Issues Regarding Allocation and Exhaustion in a Long-Tail Environmental Claim
  • New Jersey District Court Dismisses Counts from Insureds' Hurricane Sandy Coverage Suit
  • New Jersey Appellate Division Finds No ...
NEW YORK                                                            
Professional Liability - Conduct Exclusion
SEC Administrative Order Does Not Establish Insured's Guilt Under Dishonest Acts Exclusion   J.P. Morgan Sec. Inc. v Vigilant Ins. Co., 2014 N.Y. Misc. LEXIS 796 (N.Y. Sup. Ct. Feb. 28, 2014)   The court finds that an SEC Administrative Order ...


NEW YORK 
Late Notice - Statutory Waiver
Policyholder's § 3420(d) Waiver Rebuttal to Insurer's Late Notice Defense is Limited to Bodily Injury Claims Arising in New York State; Inapplicable in Environmental Property Damage Dispute
  
KeySpan Gas E. Corp. v. Munich Reins. Am., Inc., 2014 N.Y ...
NEW JERSEY 
Property Coverage - Consumer Fraud Act
No Consumer Fraud Act Claim against Insurer for Failure to Pay Insurance Proceeds    Baskay v. Franklin Mut. Ins. Co., 2014 N.J. Super. Unpub. LEXIS 910 (App. Div. Apr. 23, 2014)   In this consolidated appeal, the New Jersey Appellate Division ...
NEW JERSEY                                                                                             

Priority of Coverage - Automobile Policies
Commercial Auto Insurer Does Not Owe Primary Coverage as Insured did not "Hire" Owner of Vehicle Involved in Accident   Nat'l Interstate Ins. Co. v. Champion Truck Lines, Inc., 2013 U.S. Dist. LEXIS 39795 (D.N.J. Mar. 21, 2013)   In this ...
NEW YORK 
NEW YORK 
Allocation - Late Notice 
New York Federal Court Affirms Insurer's Proration of Defense Cost Payments; Enforces Notice Requirements in Claims-Made-and-Reported Policy   Travelers Indem. Co. v. Northrop Grumman Corp., 2013 U.S. Dist. LEXIS 161552 (S.D.N.Y. Oct. 31, 2013)   ...

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