By Adolfo Pesquera | May 24, 2023
The appellate court recognized that an insurance carrier is entitled to recover all benefits paid to an injured worker out of the "first money" recovered from a liable third party.
By Marianna Wharry | May 24, 2023
The nine-judge panel unanimously determined that the incontestability clause does not bar an insurer obtaining a declaratory judgment if the policy was obtained by fraud or if the beneficiary lacks an insurable interest in the life of the insured.
The Legal Intelligencer | News
By Aleeza Furman | May 23, 2023
The high court heard oral arguments Tuesday over whether the Pennsylvania's Motor Vehicle Financial Responsibility Law prohibits UM/UIM policies from excluding coverage for vehicles a policyholder regularly uses but does not own or insure.
New York Law Journal | Analysis
By Jillian Raines and David J. Matulewicz-Crowley | May 22, 2023
While Insurers routinely contend that this prohibition applies equally to policyholders in discovery disputes, a recent decision by Judge Jesse Furman in the Southern District of New York clarifies that this limitation on the scope of work product "applies to insurers ... and not to insureds."
New York Law Journal | Analysis
By Ellen M. Dunn, Joan M. Loughnane and Mallory W. Edel | May 22, 2023
While the topic is seemingly ubiquitous now, life insurance regulators have been grappling for several years with the potential risks and benefits of insurers using AI, and the large external data sources utilized by AI, in underwriting and other insurance practices.
New York Law Journal | Analysis
By Thomas J. Maroney and Hilary F. Simon | May 22, 2023
When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
By Ethan W. Middlebrooks and Allen R. Wolff | May 22, 2023
Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.
New York Law Journal | Analysis
By Wendy Stein Fulton and Lloyd Gura | May 22, 2023
The state's legislative response presents an interesting case study on government efforts to curb the impact of bad faith laws as a result of lessons learned from this tragedy.
Connecticut Law Tribune | News
By Riley Brennan | May 19, 2023
A federal judge in Connecticut determined that a medical practice's claims against Cigna in relation to COVID-19 testing services can proceed.
By Alexander Lugo | May 19, 2023
The firm's lawyers pushed for tort reforms that help shield insurance companies from coverage disputes. Now with the volume of cases expected to decline, leaders are looking for other areas for growth.
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