How Are Insurers And Policyholders Faring in COVID-19 Business Interruption Coverage Litigation?
It is well known that, under New York statutory law, an insurer that fails, in a timely manner, to advise a claimant of a disclaimer to its insured for a bodily injury claim can waive certain coverage defenses. This is a general statement of one aspect of New York Insurance Law § 3420.
By: Eric B. Hermanson and Austin D. Moody The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether
By: Edward M. Koch and Felix S. Yelin On July 2, 2020, an amended California Assembly Bill 1552 (Bill 1522 or the bill), which relates to commercial business interruption coverage
By: Anthony L. Miscioscia and Margo E. Meta There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a
By: Sean P. Mahoney and Ciaran B. Way On May 14, 2020, the Pennsylvania Supreme Court denied a Pittsburgh-based restaurant’s Emergency Application asking it to exercise its statutory and “King’s