Jonathan A Dachs

January 31, 2017 | New York Law Journal

Insurance Law columnist Jonathan A. Dachs provides a brief historical background of Insurance Law §3420(d)(2), which says that liability insurers must give notice as early as reasonably possible if they are disclaiming liability or denying coverage, and discusses one of the express limitations on the applicability of the statute—that the policy at issue be one that is "issued or delivered" in New York.

By Jonathan A. Dachs

24 minute read

November 25, 2016 | New York Law Journal

In his Insurance Law column, Jonathan Dachs restates the "general, well-settled and widely known" rules for interpreting insurance policy provisions and uses case law to show how the courts are often called upon to repeat and restate these rules to support their interpretations of the various policy provisions before them.

By Jonathan A. Dachs

26 minute read

September 20, 2016 | New York Law Journal

Jonathan A. Dachs, in the Insurance Law column, examines recent case law that has made clear that the "danger invites rescue doctrine" is alive and well in New York—at least in the context of supplementary uninsured/underinsured motorist coverage and the critical issue of whether it can be said that an injury to a rescuer arose out of the ownership, maintenance or use of a motor vehicle.

By Jonathan A. Dachs

20 minute read

July 20, 2016 | New York Law Journal

In their Insurance Law column, Jonathan A. Dachs writes: One of the more interesting insurance law questions posed to the courts in recent years involves whether an "SUM" carrier is entitled to a reduction in coverage for the amount(s) received from non-motor vehicle tortfeasors, such as municipalities, bars or medical providers. A recent Second Department decision has created a division in authority.

By Jonathan A. Dachs

32 minute read

May 17, 2016 | New York Law Journal

In his Insurance Law column, Jonathan A. Dachs discusses an important insurance law decision recently rendered by the Court of Appeals, sure to have significant effects on insurers and insureds involved in asbestos and toxic exposure cases going forward.

By Jonathan A. Dachs

33 minute read

February 22, 2016 | New York Law Journal

In his Insurance Law column, Jonathan A. Dachs writes: This column, which has been co-authored for the past 28-plus years, now has a lone author. Conspicuous by its absence is the byline and smiling face of my long-time co-author, and even longer-time father, mentor, law partner, and friend, Norman H. Dachs. It was a distinct privilege, and, indeed, a blessing, to have been able to work side by side with my father, and to learn from his sheer brilliance, ingenuity and skill how to practice law, and how to think, read and write like a lawyer, while at all times being and remaining a gentleman.

By Jonathan A. Dachs

14 minute read

September 09, 2014 | New York Law Journal

In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs of Shayne, Dachs, Sauer & Dachs discuss the issue of insurance policies which are issued under a trade name and discuss the Third Circuit case 'Hartford Accident & Indemnity,' where the court held that “where an insured purchases a policy in a trade name, the policy will be viewed as if issued in his given name.”

By Norman H. Dachs and Jonathan A. Dachs

15 minute read

July 18, 2014 | New York Law Journal

In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs discuss longstanding issues and debates regarding the rights of individuals associated with a corporation to make claim under an insurance policy issued in the name of the corporation, as well as more recent questions about whether the same or similar rules apply when the named insured entity is not a corporation, but, rather a partnership, an LLC, or even a trade name ("d/b/a").

By Norman H. Dachs and Jonathan A. Dachs

13 minute read

May 13, 2014 | New York Law Journal

In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs review the Court of Appeals' recent holding on reservation of rights letters, and whether the letter in question, which "contained some contradictory and confusing language," was clear enough to be an effective disclaimer of coverage.

By Norman H. Dachs and Jonathan A. Dachs

13 minute read

March 11, 2014 | New York Law Journal

In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs, partners at Shayne, Dachs, Sauer & Dachs, review the rules applicable to an insurer's attempt to disclaim coverage based upon the insured's lack of cooperation, in violation of a policy's cooperation provision, and a recent Court of Appeals decision on that defense.

By Norman H. Dachs and Jonathan A. Dachs

16 minute read