Jeffrey G Steinberg

May 30, 2023 | New York Law Journal

A discussion of insurance coverage for architects and engineers, specifically, the extent to which common gaps in their professional liability policies may be filled in some instances by their general liability policies.

By Jeffrey G. Steinberg

5 minute read

May 15, 2023 | New York Law Journal

An issue which periodically arises (although it is rarely decided) in the insurance realm is whether there is coverage for fee disputes under legal malpractice policies, particularly where there is a claim in the complaint for malpractice. The analysis of this issue must begin with an examination of the policy insuring agreements, which typically require that, to trigger a duty to defend, the complaint must allege both covered conduct and covered damages.

By Jeffrey G. Steinberg

7 minute read

April 29, 2022 | New York Law Journal

A discussion of insurance company litigation management guidelines, and some "over-the-top behavior by insurers warranting pushback."

By Jeffrey G. Steinberg

5 minute read

April 08, 2022 | New York Law Journal

The type of prejudgment interest involved (and the terms of the policy, if interest is part of the underlying claim) will determine whether the insurer is liable for such interest in excess of the policy limits even in the absence of bad faith.

By Jeffrey G. Steinberg and Benjamin Zelermyer

4 minute read

March 14, 2017 | New York Law Journal

Benjamin Zelermyer and Jeffrey G. Steinberg write that neither a plaintiff nor an insured defendant may be eager to ask the trial court to submit special questions to the jury, prefering to leave the basis of a potential verdict for the plaintiff uncertain, placing the burden on the insurer. However, despite the obvious utility of special interrogatories, insurers rarely move to intervene and courts in New York often refuse to permit intervention.

By Benjamin Zelermyer and Jeffrey G. Steinberg

14 minute read

March 01, 2017 | FC&S Insurance

When insurance coverage disputes turn on answers to questions of fact or the nature of the claim for which an insured may be held liable, a special verdict…

By Benjamin Zelermyer and Jeffrey G. Steinberg

5 minute read

February 23, 2017 | New York Law Journal

Benjamin Zelermyer and Jeffrey G. Steinberg write: When insurance coverage disputes turn on answers to questions of fact or the nature of the claim for which an insured may be held liable, a special verdict or answers to special interrogatories should be considered. Besides potential gains of obviating the need for a separate trial and avoiding the risk of inconsistent determinations, there are serious risks in not moving to intervene.

By Benjamin Zelermyer and Jeffrey G. Steinberg

9 minute read

January 24, 2017 | FC&S Insurance

Question 1: You have an opportunity to switch your homeowner, automobile or other general liability insurance to another carrier in order to obtain…

By Jeffrey G. Steinberg

7 minute read

January 20, 2017 | New York Law Journal

Jeffrey G. Steinberg writes that unlike homeowner, automobile or other general liability insurance, a switch in carriers for professional liability policies exposes the insured to a potential gap in coverage, notwithstanding the fact that continuous policies may be maintained. Nevertheless, there are two ways that the risk of a coverage gap from switching claims-made carriers may be minimized.

By Jeffrey G. Steinberg

14 minute read

November 06, 2014 | New York Law Journal

Benjamin Zelermyer and Jeffrey G. Steinberg write: If an insurer reserves its right to deny coverage, even while agreeing to defend an insured against a third party's claim, or denies coverage for a loss while accepting the duty to defend the insured, the insured has the right to be represented by defense counsel chosen by the insured and paid by the insurance carrier. While that principle may be simply stated, its application, not surprisingly, is more complex.

By Benjamin Zelermyer and Jeffrey G. Steinberg

10 minute read