Think Late or No Notice to an Insurer in NY Is No Big Deal? Think Again

After reading decisions that seemingly disregard late notice that is furnished to an insurer (see, e.g., “Late Notice to Insurer Not Fatal to Claim Under New York Law, Federal Court Holds“) you might be lulled into thinking that failing to furnish timely and proper notice of a claim to your insurer may not really be [...]

Acknowledging Problematic Law, NY Court Denies Legal Fees in Coverage Disclaimer Case

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 [...]

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 [...]

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 [...]