The New York Court of Appeals’ nine significant insurance law rulings last term displayed no discernible theme, evidenced no apparent trend, and reflected no obvious insurance law philosophy. Policyholders were victorious in some of the cases and insurance companies in others—and creditors in another.
The principal cases involved statutory construction,1 policy construction,2 and common law issues,3 as well as procedural matters such as collateral estoppel4 and choice of law.5 The majority opinions were written by four different members of the Court: Chief Judge Jonathan Lippman (3),6 Judge Carmen Beauchamp Ciparick (3),7 Judge Robert S. Smith (2),8 and Judge Theodore T. Jones (1).9 Five cases were unanimous.10 Judge Smith wrote two dissenting opinions,11 and Judge Susan Phillips Read12 and Judge Eugene F. Pigott Jr., wrote one each.13
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