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May 03, 2017 | Insurance Coverage Law Center

Policy Barred Late-Filed Superstorm Sandy Suit, Even If Insured Had Not Been Told of Time Limit, Delaware Court Rules

A Delaware trial court has dismissed an insured’s Superstorm Sandy coverage suit against its insurer as late-filed under the policy’s suit…
4 minute read
May 02, 2017 | Insurance Coverage Law Center

BEDROCK LEASING CORP., WFNY I, LLC, v. LEXINGTON INSURANCE COMPANY

Click Here for FC&S Legal Expert Analysis  Bedrock Leasing Corp., WFNY I, LLC,v.Lexington Insurance Company2017 WL 1547833Only the Westlaw…
19 minute read
April 28, 2017 |

NY Real Estate Management Firm Denied $3M in Sandy Insurance Coverage

A New York-based real estate management firm whose property was damaged during Hurricane Sandy cannot recover more than $3 million from its insurance provider because it waited too long to submit a claim, a Delaware judge ruled on Thursday.
6 minute read
April 28, 2017 | Delaware Business Court Insider

NY Real Estate Management Firm Denied $3M in Sandy Insurance Coverage

A New York-based real estate management firm whose property was damaged during Hurricane Sandy cannot recover more than $3 million from its insurance provider because it waited too long to submit a claim, a Delaware judge ruled on Thursday.
3 minute read
March 30, 2017 | Insurance Coverage Law Center

Brian McKell Joins Florida Office of Mound Cotton as a Partner

Brian McKell has joined the New York-based law firm of Mound Cotton Wollan & Greengrass LLP as a partner in its Fort Lauderdale office.Mr. McKell has…
1 minute read
March 13, 2017 | Insurance Coverage Law Center

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

“Undertaking.” What does that mean in the liability trial context? Perhaps most practitioners do not have to worry about the vagaries of the…
9 minute read
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

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