U.S. District Court for the Eastern District of New York at the Theodore Roosevelt Federal Courthouse on 225 Cadman Plaza East in the civic center of Brooklyn. Eastern District Holds That Exclusion Bars Defense Obligation
Recently, the Eastern District of New York granted summary judgment to an insurer, holding that the insurer had no duty to defend based on the terms of an exclusion in the policy. This decision highlights how, where the facts plainly fall within a clearly-drafted exclusion, courts will not hesitate to enforce the exclusion as written.
September 28, 2023 at 12:00 PM
6 minute read
New York courts recognize the well-settled principle that the duty to defend in an insurance policy is broader than the duty to indemnify. They also construe policy exclusions narrowly and place the burden on the insurer to prove that an exclusion applies.
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