Julian D Ehrlich

Julian D Ehrlich

February 17, 2023 | New York Law Journal

Prior Reckless Acts and Labor Law §240

A 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 Pleadings

This 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 Clocks

As 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 Coverage

There 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 Issues

The 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 Contracts

This 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 Unanswered

Arguably 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 Unanswered

This 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