Ethan W Middlebrooks

Ethan W Middlebrooks

October 07, 2024 | New York Law Journal

NY Court Imposes Strict Construction on Additional Insureds in Construction

In recent years, insurance companies have successfully narrowed access to additional insured coverage through litigation and policy drafting. If you want to be an additional insured to OPI these days, then get your contracts right and make sure your insurance is right!

By Allen R. Wolff, Ethan W. Middlebrooks and Kathleen Gatti

8 minute read

May 22, 2023 | New York Law Journal

A Defective Precedent for 'Defective Work' in Insurance Coverage

Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.

By Ethan W. Middlebrooks and Allen R. Wolff

8 minute read

August 24, 2022 | Insurance Coverage Law Center

Who's Picking up the Tab: Recoupment for Contamination Damages under New York Navigation Law

New York law may serve as an alternative to insurance coverage for payment after contamination and cleanup.

By John M. Leonard, Ethan W. Middlebrooks, and Jamie O'Neill

6 minute read

December 10, 2021 | New York Law Journal

Transferring Risk With Contracts, Insurance Coverage and Sometimes, Litigation

A recent decision from the U.S. District Court for the Eastern District of New York illustrates an effective approach for an owner or general contractor to receive defense coverage as an additional insured to a subcontractor's liability insurance.

By Allen R. Wolff and Ethan W. Middlebrooks

10 minute read