October 07, 2024 | New York Law Journal
NY Court Imposes Strict Construction on Additional Insureds in ConstructionIn 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 CoverageLitigation 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 LawNew 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, LitigationA 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