October 10, 2018 | New York Law Journal
'Burlington' and the Recoupment of Defense Costs by InsurersWhile much paper and ink has been dedicated to the core differentiation between “caused by” and “arising out of,” less attention has been paid to that aspect of the 'Burlington' decision which provides for an insurer's ability to recoup defense costs upon a determination that the purported additional insured does not, in fact, qualify as an additional insured.
By Eric B. Stern and Jonathan B. Isaacson
7 minute read
October 10, 2018 | FC&S Insurance
‘Burlington’ and the Recoupment of Defense Costs by InsurersIn June 2017, the New York Court of Appeals issued its decision in Burlington Ins. Co. v. NYC Tr. Auth., 29 N.Y.3d 313 (2017), which significantly…
By Eric B. Stern and Jonathan B. Isaacson
7 minute read
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