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February 28, 2017 |

Judgment Is Within Policy Limits But Insurer Believes Part Is Outside Coverage

Costantino P. Suriano and Daniel Markewich consider a hypothetical lawsuit that a New York liability insurer has defended where the judgment does not exceed the policy limits but the insurer has a sound basis for asserting that part of the judgment is excluded from coverage. Can the insurer obtain a stay of enforcement pending appeal without court order only by filing an undertaking pursuant to CPLR 5519(a)(2) in the full amount of the judgment against the insured, including that portion as to which coverage is disputed?
20 minute read
February 15, 2017 |

Crane Collapse Not Covered by Insurer, Court Concludes

The Court of Appeals Tuesday unanimously upheld a First Department ruling that said a 750-foot custom-designed crane did not meet the definition of "temporary works," and insurers did not have to cover its collapse in the squalls of Hurricane Sandy.
6 minute read
February 06, 2017 |

Suits & Deals: Garbage Truck Crash Into Parked SUV Leads to $2.23M Deal in Monmouth

A Howell Township woman has received $2.23 million as compensation for injuries she received when her vehicle was struck by a garbage-collection truck.
12 minute read
January 10, 2017 |

Are Contractually-Agreed Prevailing Party Attorney Fees Covered Under a CGL Policy?

Costantino P. Suriano and Daniel Markewich discuss the circumstances under which contractual legal fees in a lawsuit brought by a building owner against an insured contractor might be covered under a CGL policy in New York.
22 minute read
December 14, 2016 |

New Cybersecurity Regulations: Impact on Representing Financial Institutions

Barry R. Temkin, of Mound Cotton Wollan & Greengrass, provides insights on the new New York Department of Financial Services cybersecurity regulations that become effective Jan. 1, 2017, particularly for lawyers who represent insurance companies, banks, insurance agents and other financial institutions in New York. The new DFS cybersecurity regulations require covered entities, including insurance companies, mortgage brokers, insurance agents and banks, to appoint a chief information security officer and to develop a comprehensive cybersecurity program in order to prevent hacking and other data breaches. In addition, the new DFS regulations will require the filing of an annual cybersecurity report, which must explain the state of the company's compliance with the new regulations, identify any soft spots or potential areas for improvement, and be signed and certified by the company's board chair or CEO.
23 minute read
September 01, 2016 | Insurance Coverage Law Center

Second Circuit Limits Amtrak’s Superstorm Sandy Flood Coverage to $125 Million – Not the $675 Million Amtrak Sought

The U.S. Court of Appeals for the Second Circuit, substantially affirming a decision by the U.S. District Court for the Southern District of New York,…
6 minute read
August 22, 2016 | Insurance Coverage Law Center

Jill Levy Joins Mound Cotton Wollan & Greengrass LLP as Partner

Jill Levy has joined the New York-based law firm of Mound Cotton Wollan & Greengrass LLP as a partner in its Manhattan office.Ms. Levy has over 20…
1 minute read
April 13, 2016 | Insurance Coverage Law Center

N.Y. Appeals Court Affirms “No Coverage” Ruling Despite Omission in Disclaimer Letter

An appellate court in New York, affirming a trial court’s decision, has ruled that an omission in an insurer’s disclaimer letter did not preclude…
4 minute read
April 13, 2016 | Insurance Coverage Law Center

Provencal, LLC v. Tower Ins. Co. of New York

Click Here for FC&S Legal Expert Analysis Provencal, LLCv.Tower Ins. Co. of New York2016 WL 1354952Supreme Court, Appellate Division, Second Department.Supreme…
2 minute read

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