During his confirmation hearing, U.S. Supreme Court Justice John Roberts said that judges are like umpires and that his job was “to call balls and strikes.” Reading recent opinions of the Appellate Divisions, and watching Luis Severino paint the corners with his fastball, reminds us that this is no simple task. Below are some of the home runs hit by the Appellate Divisions during the second quarter of 2018.

First Department

• Insurance Law. Must risk retention groups (RRGs) domiciled outside New York comply with Insurance Law §3420(d)(2), requiring timely notice of a disclaimer of coverage? Addressing this issue of first impression in Nadkos v. Preferred Contractors Insurance Co. Risk Retention Group, 2018 N.Y. Slip Op. 03242 (1st Dep’t May 3, 2018), the First Department answered in the negative, holding that federal law preempts the Insurance Law requirement.

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