On February 18, 2014, following a rehearing held on January 7, 2014, the New York Court of Appeals reversed its own ruling set out in the original case of K2 Investment Group v. Am. Guarantee & Liability Ins. Co., 21 N.Y.3d 384 (June 11, 2013) (“K2-1”).
In Syracuse University v. National Union Fire Insurance Co. of Pittsburgh, PA, No. 2012EF63, 2013 N.Y. Misc. LEXIS 2753 (N.Y. Sup. Ct. Mar. 7, 2013), aff’d, __ N.Y.S.2d __, 2013 N.Y. App. Div. LEXIS 8670 (N.Y. App. Div. Dec. 27, 2013), the Appellate Division of the New York Supreme Court recently affirmed the trial court’s ruling that grand jury investigations and grand jury subpoenas issued to the university constitute a “claim” within the meaning of a professional liability insurance policy.
On January 7, 2014, the New York Court of Appeals held a rehearing on the June 2013 decision of K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co., 2013 N.Y. LEXIS 1461 (N.Y. June 11, 2013), which held that an insurer breaching its duty to defend waives its rights on policy exclusions.
By Erica J. Dominitz and Gregory M. Jacobs
Parties have disputed, and courts have addressed, whether the valuation of a business interruption claim should consider the effects that a hurricane or other catastrophic event had on the surrounding region, positive or negative, including its effect on the policyholder’s competitors and on the local economy
By Andy Dogali and Jacqueline H. Palik
Liability insurance may entitle an insured to a defense and to indemnification for a third-party claim made against it. In Florida, an insurer's duty to defend its insured against such a claim is separate and apart from the duty to indemnify the insured.
By Kimberly M. Melvin
An increasingly prevalent issue for directors and officers insurers and their insureds is how to handle the advancement of defense costs when the insured entity goes bankrupt. Unfortunately for carriers, the courts have not taken a consistent approach.
A suit limitation clause provides that a cause of action or law suit must be brought within a certain time period – depending on jurisdiction. Nick Insua explains the ins and outs of these situations. (8:47 min)
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)
The latest issue of Coverage is now available.
The ICLC has formed subcommittees to focus on diverse areas of substantive insurance coverage law and procedural aspects of insurance coverage litigation. All of our subcommittees are cochaired by lawyers who typically represent policyholders, paired with lawyers who typically represent insurance companies, an arrangement that provides balance, promotes collegiality, and assures lively dialogue.
Insurance Coverage Litigation Leadership
|Cochairs||Web Editors||Newsletter Editor|
John G. Buchanan III
Los Angeles, CA
James M. Davis
Erik A. Christiansen
Salt Lake City, UT