Jason L Shaw

March 02, 2017 | FC&S Insurance

The U.S. Court of Appeals for the Second Circuit’s reinsurance decision in Global Reinsurance of America v. Century Indemnity, 15-2164-cv (Dec.…

By Jason L. Shaw

9 minute read

February 16, 2017 | New York Law Journal

Jason L. Shaw writes: The Second Circuit's reinsurance decision last month in 'Global Reinsurance of America v. Century Indemnity' will finally lead to resolving the unsettled question about whether reinsurers will have limitless liability for an underlying insurer's legal costs.

By Jason L. Shaw

19 minute read

August 23, 2016 | New York Law Journal

In insurance, courts may treat the meaning of "occurrence" differently depending on whether it is an occurrence in a first-party property damage claim or in a third-party liability claim. Jason L. Shaw examines two cases since 2015 to show how different interpretations of "occurrence" can lead to very different consequences for policyholders.

By Jason L. Shaw

21 minute read

January 22, 2016 | New York Law Journal

Jason L. Shaw writes: Transactional attorneys involved in negotiating commercial leases, construction contracts, or any contract in which one party requires the other party to provide insurance against personal injury or property damage should have a good understanding of the new "additional insured" form endorsement to a Commercial General Liability insurance policy.

By Jason L. Shaw

11 minute read

March 24, 2015 | New York Law Journal

Jason L. Shaw explores a recent decision in which the Court of Appeals put limits on a policyholder's use of an insurance policy "exception" to avoid policy language coverage "exclusion" for a property loss.

By Jason L. Shaw

9 minute read

March 23, 2015 | New York Law Journal

Jason L. Shaw explores a recent decision in which the Court of Appeals put limits on a policyholder's use of an insurance policy "exception" to avoid policy language coverage "exclusion" for a property loss.

By Jason L. Shaw

9 minute read

October 29, 2014 | New York Law Journal

Jason L. Shaw writes: Three recent federal district court decisions create a conflict within the Second Circuit about whether private insurance companies selling federal flood insurance are immune from liability to the policyholder beyond the policy limits for their bad faith handling of flood insurance claims.

By Jason L. Shaw

10 minute read

May 15, 2014 | New York Law Journal

Jason L. Shaw writes: Rarely do lawyers have the benefit of a decision that is a primer on permissible causes of action arising from property insurance coverage disputes. Justice Carolyn Demarest recently issued such a decision, clearly and concisely addressing each issue raised by the defendants.

By Jason L. Shaw

10 minute read

March 03, 2014 | New York Law Journal

Whiteman Osterman & Hanna partner Jason L. Shaw analyzes the Court of Appeals' recent decisions that eliminated a judicial economy rule the court had created only eight months earlier, allowing liability carriers to breathe a sigh of relief, and took a small bite out of the contractual two-year lawsuit limitations period in New York fire insurance policies.

By Jason L. Shaw

12 minute read