The Western District Sets Precedent for Insurance Defense and Indemnification
This column explores a pending case, 'American Precision Industries v. Federal Insurance Co.', that may set significant precedent in New York concerning insurance defense and indemnification.
February 03, 2023 at 11:00 AM
9 minute read
In this quarter's column, we explore a pending case that may set significant precedent in New York concerning insurance defense and indemnification.
The case is American Precision Industries v. Federal Insurance Co., No. 14-CV-1050-RJA-HKS, 2021 WL 8263499 (W.D.N.Y. Aug. 4, 2021), report and recommendation adopted in part, rejected in part, No. 14-CV-1050, 2022 WL 17828843 (W.D.N.Y. Dec. 21, 2022). The case was initially filed in 2014 and was referred to Hon. Kenneth Schroeder Jr. for all pretrial matters. Judge Schroeder issued a Report, Recommendation, and Order on Aug. 4, 2021 to address the parties' respective summary judgment motions. Hon. Richard J. Arcara issued a Decision and Order on Dec. 21, 2022 adopting in part and rejecting in part Judge Schroder's Report, Recommendation, and Order.
Application for interlocutory appeal of Judge Arcara's Decision and Order to the Second Circuit is currently pending.
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