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California: Service of Suit Endorsement Trumps Forum Selection Clause in Case...
On February 5th in a case involving the recall of over $500,000 worth of oyster products made from Korean shellfish, the Southern District of California held: (1) that the policy’s service of suit...
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New York’s Highest Court Enforces a Water Damage Exclusion Despite an Ensuing...
In Platek v. Town of Hamberg, et al., 2015 WL 685726, 2015 N.Y. LEXIS 252 (N.Y., Feb. 19, 2015), the New York Court of Appeals held that an exclusion for water below the surface of the ground was...
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Silica Dust Damage Held Barred by Pollution and Faulty Workmanship Exclusions...
Building construction frequently generates silica dust, a substance that can cause lung disease and other respiratory problems. Abrasive sand-blasting or jack hammering as well as concrete drilling...
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Order of Civil Authority Claim for Superstorm Sandy Barred by Flooding...
On Thursday of last week, a federal court in New York City tossed an Order of Civil Authority (OCA) claim by a New York City law firm in Bamundo, Zwal & Schermerhorn, LLP v. Sentinel Ins. Co., 2015...
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New York Court: Undefined Word “Occurrence” in a Deductible Provision Must be...
Many property policies expressly define the term “occurrence” to encompass a series of similar and related events. Last month, however, in Rokeach v. Hanover Ins. Co., 2015 WL 2400097, U.S. Dist....
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New York Court: Broadly-Worded Flood Limit “Meaningless” Unless it Applies to...
Yesterday in El-Ad West LLC v. Zurich American Ins. Co., 2015 WL 4078762, 2015 N.Y. App. Div. LEXIS 5753 (N.Y.App.Div., Jul. 7, 2015), a unanimous panel of New York’s intermediate level appellate court...
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California Court Adopts Expansive Reading of Contamination and Product Recall...
Two weeks ago in Foster Poultry Farms, Inc. v. Certain Underwriters at Lloyd’s, London, 2015 U.S. Dist. LEXIS 138609, 2015 WL 5920289 (E.D.Cal., Oct. 9, 2015), a California Court applying New York law...
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New York Court Holds Public Adjuster Entitled to Fee Even Though Claim...
Disputes between the insured and its public adjuster (PA) are frequently contentious and have the unfortunate potential to draw the carrier into litigation. A perfect example is last week’s decision...
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Second Circuit Holds No Coverage for COVID-19 Business Interruption Losses
The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the...
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New York Court Holds Coverage for Excavation Damage Precluded by Earth...
According to a recent ruling by a New York appellate court, coverage for excavation damage is precluded by the policy’s earth movement exclusion. In 3502 Partners LLC v. Great American Insurance Co....
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