February 17, 2023 | New York Law Journal
Prior Reckless Acts and Labor Law §240A look at how courts have largely taken two approaches to workers' knowledge and reckless choices in §240 sole proximate cause cases and how this dichotomy may upend established notions on the nature of liability under this statute.
By Julian D. Ehrlich
8 minute read
May 05, 2022 | New York Law Journal
Additional Insured Coverage and Third-Party PleadingsThis discussion will examine how unfolding case law since 'Burlington' has delved ever deeper into the nature of causation and most recently led to a new body of law interpreting the effect of third-party pleadings on AI coverage.
By Julian D. Ehrlich
7 minute read
October 05, 2021 | New York Law Journal
Late Notice and Disclaimer ClocksAs reflected by numerous reported appellate cases, disputes involving late notice in the additional insured context remain robust.
By Julian D. Ehrlich
7 minute read
June 03, 2021 | New York Law Journal
Additional Insured Coverage, Employers and 'Burlington'More often in insurance cases, the putative additional insured (AI) will be a party seeking risk transfer from the employer. Here, author Julian Ehrlich discusses 'Burlington v. NYC Transit Authority,' a rare case where the party seeking AI coverage was the employer.
By Julian D. Ehrlich
8 minute read
January 04, 2021 | New York Law Journal
A Case of Interest: 'Chen' Clarifies Insurance Coverage Issue'Chen' clarified insurance coverage for pre- and post-judgment interest obligations under primary and excess policies. However, a broader takeaway may be the increasing importance of the meaning "follow form" wording in excess policies, especially as more claims have values which exceed primary limits.
By Julian D. Ehrlich
6 minute read
August 21, 2020 | New York Law Journal
The Attorney Fee Key To Unlocking Additional Insured CoverageThere is noteworthy reasoning in a new decision awarding attorney fees in a declaratory judgment to the party successful in obtaining additional insured coverage which if followed, could change existing risk transfer preferences.
By Julian D. Ehrlich
6 minute read
February 13, 2020 | New York Law Journal
'Caused in Whole or in Part': Foreseeable Additional Insured IssuesThe trigger wording "caused in whole or in part" in the current version of Insurance Services Office additional insured endorsements has recently generated a flood of coverage actions. This discussion examines the current debate, where it may be headed, and how parties might plan inside and outside the courtroom for future clashes over AI coverage.
By Julian D. Ehrlich
9 minute read
August 22, 2019 | New York Law Journal
The Duty to Defend: Contrasting Coverage and ContractsThis article discusses the nature and nuances of the duty to defend.
By Julian D. Ehrlich
7 minute read
January 24, 2019 | FC&S Insurance
Additional Insured Coverage: Asked, Answered and UnansweredArguably the most impactful recent decision in the world of additional insured (AI) coverage is Burlington Ins. Co. v. NYC Tr. Auth., 29 N.Y.3d 313…
By Cesar A. Pereira and Julian D. Ehrlich
11 minute read
January 22, 2019 | New York Law Journal
Additional Insured Coverage: Asked, Answered and UnansweredThis article examines emerging areas of certainty and uncertainty in AI coverage in the wake of 'Burlington' (arguably the most impactful recent decision in the world of additional insured coverage), with special attention to claims in the construction context.
By Cesar A. Pereira and Julian D. Ehrlich
11 minute read
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