Alexis P. Joachim | Phelps Dunbar | April 26, 2018 On March 27, 2018, in a matter of first impression, the New York Court of Appeals ruled that under a “pro rata time-on-the-risk” allocation method, a policyholder bears the risk of uninsured years. In KeySpan Gas East Corp. v. Munich Reinsurance America, Inc., et al.,… Continue reading Policyholders Bear the Risk When Insurance Was Unavailable on the Market
Tag: New York
Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law
Eric M. Gold | Pillsbury Winthrop Shaw Pittman LLP | April 16, 2018 It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims brought under CGL policies, that frequently means showing… Continue reading Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law
Don’t Sleep on This: New York High Court Addresses Scope of “Blanket” Additional Insured Endorsements
Tyrone R. Childress, Edward M. Joyce and Jason B. Lissy | Jones Day | April 2018 The Situation: The issue of whether “blanket” additional insured endorsements require direct contractual privity with an insurance policy’s “named insured” has received inconsistent treatment by U.S. courts. The Development: The New York high court’s recent Gilbane decision confirms that the requirements for “additional… Continue reading Don’t Sleep on This: New York High Court Addresses Scope of “Blanket” Additional Insured Endorsements
Unfortunate (and Unexpected) Restriction on Additional Insured Status
Stan Martin | Commonsense Construction Law LLC | March 28, 2018 The New York Court of Appeals, in a split decision, has focused on one word in deciding that a owner’s construction manager was not entitled to additional insured status on the general contractor’s policy. The contract required the GC to include the owner, DASNY,… Continue reading Unfortunate (and Unexpected) Restriction on Additional Insured Status
New York Insurance Law: Under Construction
Seth Schafler and Om V. Alladi | Proskauer | March 30, 2018 Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak causing extensive damage to other areas of… Continue reading New York Insurance Law: Under Construction