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Despite Leaving Client Unnecessarily Exposed to Harm, Bad Faith Claim Against NY Insurer Is Dismissed

In a recent decision, New York’s Appellate Division, Second Department showed once again just how powerful New York’s insurance lobby is, and how, under the current structure of the law in New York, an insurer has almost no incentive to protect its clients – the insureds – by negotiating claims in good faith. Quite the [...]

Liability Insurer Must Pay Its Insured’s Legal Fees, NY County Court Holds

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, [...]

Posted Under: Breach of contract, disclaimer, insurance contract
This post was written by Jonathan Cooper on February 25, 2010 Comments (0)

Late Notice to Insurer Not Fatal to Claim Under New York Law, Federal Court Holds

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 this [...]

Posted Under: Breach of contract, disclaimer, insurance contract
This post was written by Jonathan Cooper on September 9, 2009 Comments (0)

NY’s High Court Finds Insurer Required To Defend & Indemnify Landlord – Even Though Landlord Not Named As Additional Insured

In a decision that was handed down on June 25, New York’s Court of Appeals was confronted with an unusual question: under what circumstances can someone (or, as in this case, a small business in New York) be deemed an additional insured on an insurance contract (such that the insurance company is obligated to defend and indemnify them [...]

Posted Under: breach of fiduciary duty, insurance contract
This post was written by Jonathan Cooper on July 3, 2009 Comments (0)

NY’s High Court Slams State Farm in Breach of Insurance Contract Case

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 [...]

Posted Under: Breach of contract, disclaimer, insurance contract, property damage
This post was written by Jonathan Cooper on May 7, 2009 Comments (0)