Paul Ferland | Property Insurance Law Observer | October 29, 2019 A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation. In Otsuka America, Inc. v. Crum & Forster Specialty Insurance Co., 2019 WL… Continue reading New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel
Tag: New York
Is Being Named As An “Additional Insured” On An Insurance Endorsement Sufficient To Provide
Henry L. Goldberg and Michael J. Hogan | Moritt Hock & Hamroff | August 22, 2018 The New York Court of Appeals (New York’s highest court) recently held that being named as an additional insured on a Certificate of Insurance might not, by itself, provide any coverage for additional insureds. The Dormitory Authority of the… Continue reading Is Being Named As An “Additional Insured” On An Insurance Endorsement Sufficient To Provide
Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay Tuned.
Peter Strniste | Robinson & Cole Construction Law Zone | July 6, 2018 For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing. If signed into law, S. R. 06686, Reg. Sess. 2017-2018 (NY 2017) will require public entities… Continue reading Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay Tuned.
Conditions Precedents in Construction Contracts
Kenneth M. Block and Joshua M. Levy | New York Law Journal | June 19, 2018 In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture. Given the fast-paced nature… Continue reading Conditions Precedents in Construction Contracts
The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”
By Frederic J. Giordano and Stephanie S. Gomez | K&L Gates | May 17, 2018 The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York law. In Black & Veatch Corp. v. Aspen Ins. (UK)… Continue reading The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”