Jonathan A Dachs

January 18, 2022 | New York Law Journal

In this edition of his Insurance Law column, Jonathan A. Dachs reports on the State of New York Department of Financial Services' recently published 2021 Automobile Insurance Complaint Rankings.

By Jonathan A. Dachs

4 minute read

December 06, 2021 | New York Law Journal

The insurer's duty to defend its insured has recently been the subject of numerous decisions by the courts of this state, which Jonathan Dachs discusses and cites in this edition of his Insurance Law column.

By Jonathan A. Dachs

18 minute read

October 07, 2021 | New York Law Journal

In this edition of his Insurance Law column, Jonathan A. Dachs examines the recent appellate decision in 'Nationwide Mutual Ins. Co. v. Oster', which appears to have expanded the meaning and breadth of the phrase "use or operation" beyond all prior limitations.

By Jonathan A. Dachs

19 minute read

July 23, 2021 | New York Law Journal

In some cases, notice of the claim is given to the insurer by another insurance company, rather than by the insured or the injured party. The question of whether the same considerations and obligations apply in that situation has occupied numerous courts in several different contexts. Jonathan A. Dachs explores the issues and case law in this edition of his Insurance Law column.

By Jonathan A. Dachs

17 minute read

March 16, 2021 | New York Law Journal

The question of defense cost recoupment may warrant clarification by the Court of Appeals. In the meantime, the Second Department has spoken as clearly as possible against such attempts at recoupment when it is not specifically provided for in the policy, but, rather, only in a reservation of rights. In this edition of his Insurance Law column, Jonathan A. Dachs discusses the Second Department decision, 'American Western Home Ins. Co. v. Gjonaj Realty & Management Co.'

By Jonathan A. Dachs

17 minute read

January 19, 2021 | New York Law Journal

In this edition of his Insurance Law column, Jonathan A. Dachs discusses several interesting and significant issues that the courts revisited in the last year and that have previously been addressed in past columns.

By Jonathan A. Dachs

16 minute read

March 17, 2020 | New York Law Journal

In his Insurance Law column, Jonathan A. Dachs presents his annual report on the State of New York Department of Financial Services' recently published 2019 Automobile Insurance Complaint Ranking.

By Jonathan A. Dachs

15 minute read

January 21, 2020 | New York Law Journal

Failure timely to seek a stay of arbitration is not the only way that an insurer may waive the right to have arbitration stayed while the court determines preliminary issues. In his Insurance Law column, Jonathan A. Dachs discusses how the right may also be waived by actively participating in the arbitration.

By Jonathan A. Dachs

13 minute read

August 19, 2019 | New York Law Journal

One of the most well-established propositions of New York insurance law is that there is no right to cancel a policy of automobile liability insurance retroactively (ab initio) as against an innocent third party, even for fraud or misrepresentation in the procurement of the policy. Such cancellations are, however, allowable against the participants in the fraud. In his Insurance Law column, Jonathan A. Dachs discusses case law on this issue.

By Jonathan A. Dachs

19 minute read

May 14, 2019 | New York Law Journal

In his Insurance Law column, Jonathan A. Dachs discusses a question which has been addressed by numerous courts over the years—whether the offset/reduction in coverage provision may be applied by the insurer solely to the amount received by the individual insured/claimant, or, in the alternative, whether the SUM carrier is entitled to an offset or reduction in coverage for the full or total amount paid by the tortfeasor's insurer to all insureds/claimants, as a whole.

By Jonathan A. Dachs

20 minute read