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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)

NY Appeals Court Upholds Breach of Contract & Negligence Claims Against Insurance Broker

In a decision that was just handed down on September 1, New York’s Appellate Division, First Department (which oversees all cases in Manhattan and Bronx County) reversed a lower court’s dismissal of a breach of contract and negligence lawsuit brought by an insured against its broker.
In this case, the plaintiff claimed that the broker should [...]

Posted Under: Breach of contract, breach of fiduciary duty
This post was written by Jonathan Cooper on September 11, 2009 Comments (0)

Identifying Whether You May Have A Breach of Contract Case Under New York Law

Over the last several years, I’ve been struck by the frustration people have expressed at poor service providers in a myriad of different contexts, ranging from coatroom attendants who lost their belongings to the non-functional central monitoring of house alarm systems and defective products. And I’ve also found that in most of these cases, the [...]

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)