Coverage Counsel

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A rolling dialogue of New York insurance coverage cases and issues.

Author: Roy A. Mura is a partner at Mura & Storm in Buffalo, N.Y.

Blawg Related Categories: Insurance Law • States • New York • Solo / Small Firm

Recent Posts from Coverage Counsel

Is New York’s No-Fault Auto Insurance Crisis Returning?
I.I.I. Analysis Finds Average Cost of No-Fault Claim Has Soared 56 Percent Since 2004 LATHAM, NEW YORK, November 5, 2009 — New York’s auto insurers saw their typical no-fault payment for the medical care of…
Bronx Supreme Reluctantly Declines to Invalidate the Coverage-Negating Employee Injury, Roofing Work and Contractual Liability Exclusions
CGL – ADDITIONAL INSURED – EMPLOYEE INJURY EXCLUSION – ROOFING WORK EXCLUSION – CONTRACTUAL LIABILITY EXCLUSION – DUTY TO DEFEND 720-730 Fort Wash. Ave. Owners Corp. v. Utica First Ins. Co. (Sup. Ct., Bronx Co.,…
Appellate Term, Second Department, No-Fault Decisions
NO-FAULT – MAILING – PROVING IME NO-SHOW Radiology Today, P.C. a/a/o Charles Rawlins v. GEICO Ins. Co. (App. Term, 2nd Dept., 2nd, 11th & 13th, decided 10/23/2009) Order of Richmond Civil (Katherine Levine, J.) REVERSED. …
First Department Chooses Connecticut as Law Governing Commercial Liability Policy
COMMERCIAL LIABILITY – CHOICE OF LAW Liberty Surplus Ins. Corp. v. National Union Fire Ins. Co. of Pittsburgh, Pa. (1st Dept., decided 11/5/2009) In this insurer vs. insurer suit, defendant National Union moved to dismiss…
Don't Ask, Don't Sell -- Suit Against Insurance Agent Dismissed
AGENT E&O – CONSTRUCTION MANAGEMENT LIABILITY INSURANCE – SPECIAL RELATIONSHIP – REQUEST FOR CERTIFICATE OF INSURANCE Axis Constr. Corp. v. O'Brien Agency, Inc. (Sup. Ct., Suffolk Co., decided 10/21/2009) Plaintiff, a general contractor and construction…
Stuff Happens -- Subrogation Claim for Damages from Toilet Overflow Dismissed
SUBROGATION – RES IPSA LOQUITUR – LIABILITY FOR NEGLIGENCE OF INDEPENDENT CONTRACTOR American Guar. & Liab. Ins. Co. v. Federico's Salon, Inc. (1st Dept., decided 10/15/2009) As the bumper sticker says, stuff happens. Plaintiff insurer…
Westchester Public Adjuster Companies Fined
James J. Wrynn Superintendent of Insurance 25 Beaver Street New York, N.Y. 10004 ISSUED 10/19/2009 FOR IMMEDIATE RELEASE WESTCHESTER COUNTY PUBLIC ADJUSTER COMPANIES EACH FINED $25,000 Companies Ignored Consumer Protection Requirements When Soliciting Business…
Examinations Under Oath of Assignees -- An Open Letter
On June 24, 2009, Associate Counsel Alexander Tisch of the New York State Insurance Department's Office of General Counsel issued an opinion letter that has generated a good deal of discussion and debate in the…
New York State Insurance Department Office of General Counsel Opinions for September 2009
From the NYS Insurance Department's website come these two Office of General Counsel Opinions from September 2009 relevant to property and casualty insurers doing business in New York. Commercial Insurance Policy Cancellation OGC Op. No.…
Declaratory Judgment and Order of Restitution of No-Fault Payments Granted Based on Annulment of PC's Certificate of Incorporation
NO-FAULT – FRAUDULENT INCORPORATION – MALLELA – ANNULMENT OF MEDICAL PC'S CERTIFICATE OF INCORPORATION Allstate Ins. Co. v. Plainview Professional Med., P.C. (Sup Ct., Nassau Co., decided 9/24/2009) Three Allstate companies brought this action against…