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A while back, I wrote about Estee Lauder, Inc. v. OneBeacon Insurance, an important case that helps define the issues in deciding whether to fight against an insurance company’s wrongful disclaimer of coverage (see “Why it May Pay to Fight a Disclaimer of Coverage Under NY Law“). Having won the initial battle, and secured an [...]
In Cooper Square Associates LP v. Atlantic Mut. Ins. Co., a decision that was handed down by a New York County trial court on February 9 (and reported in tomorrow’s edition of the New York Law Journal), the plaintiff-landlord contended that since they were named on their tenant’s insurance policy as an additional insured, Atlantic [...]
If a jury sides with plaintiff on this issue, and finds that Allstate engaged in deceptive business practices (this law is codified at sections 349 and 350 of the General Business Law), Allstate faces the specter of not only compensatory damages for their alleged breach of contract, but also treble and punitive damages as well.
In an opinion that was published in today’s New York Law Journal, a Federal judge refused to hold as a matter of law that an insurance company’s disclaimer of coverage was proper – even though the insured did not report the underlying incident giving rise to the claim until over a year had passed. In [...]
In a big victory for a property owner who brought a breach of insurance contract lawsuit against their insurance company (State Farm), New York’s highest court held invalid State Farm’s disclaimer of coverage for the building owner’s claims that they sustained damage to the foundation when improper excavation work that was done on the immediately adjacent lot caused the earth beneath the [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
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