March 13, 2017 | FC&S Insurance
Judgment Is Within Policy Limits But Insurer Believes Part Is Outside Coverage“Undertaking.” What does that mean in the liability trial context? Perhaps most practitioners do not have to worry about the vagaries of the…
By Costantino P. Suriano and Daniel Markewich
10 minute read
February 28, 2017 | New York Law Journal
Judgment Is Within Policy Limits But Insurer Believes Part Is Outside CoverageCostantino P. Suriano and Daniel Markewich consider a hypothetical lawsuit that a New York liability insurer has defended where the judgment does not exceed the policy limits but the insurer has a sound basis for asserting that part of the judgment is excluded from coverage. Can the insurer obtain a stay of enforcement pending appeal without court order only by filing an undertaking pursuant to CPLR 5519(a)(2) in the full amount of the judgment against the insured, including that portion as to which coverage is disputed?
By Costantino P. Suriano and Daniel Markewich
21 minute read
January 10, 2017 | New York Law Journal
Are Contractually-Agreed Prevailing Party Attorney Fees Covered Under a CGL Policy?Costantino P. Suriano and Daniel Markewich discuss the circumstances under which contractual legal fees in a lawsuit brought by a building owner against an insured contractor might be covered under a CGL policy in New York.
By Costantino P. Suriano and Daniel Markewich
23 minute read
April 30, 2012 | New York Law Journal
Forum Selection Clauses in Cruise Line Contracts Usually WorkCostantino P. Suriano and Frank J. DeAngelis, members of Mound Cotton Wollan & Greengrass, write that some commentators say that the forum selection clause contained in the Costa Concordia cruise paperwork would not be enforceable because of the gross negligence of the captain, but case law overwhelmingly supports the enforceability of such clauses. In addition, plaintiffs face the prospect of a limitation in the amount that can be recovered in a suit arising out of the Costa Concordia accident, due to the Athens Convention.
By Costantino P. Suriano and Frank J. DeAngelis
7 minute read
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