By: Anthony L. Miscioscia and Margo E. Meta A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party
On March 17, 2021, the Eastern District of Pennsylvania issued its decision finding that an insurance carrier had no duty to defend its insured where the allegations in the underlying litigation involved claims of faulty workmanship.
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.
In Colony Insurance Company v. Buckeye Fire Equipment Company, the insured was named a defendant in hundreds of underlying suits relating to its manufacture of fire equipment containing aqueous film-forming foam, a fire suppressant.
The New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation and Elliott Company.