How Are Insurers And Policyholders Faring in COVID-19 Business Interruption Coverage Litigation?
Recent Posts
Top Developments – December 2020
Top Developments in Business Interruption – Coronavirus (COVID-19), Pollution Exclusion, Suit and Trigger of Coverage
Insurer Fails to Provide Notice of ROR to Claimant and Waives Strong Defense: No, This Was Not a New York Case
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.
North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs
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.
New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
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.
Court Holds That Insurance Producer Cannot Be Liable for Denial of COVID-19 Business Interruption Claim
After an insurance carrier denied a lawyer and her law firm’s claim for lost business income due to the COVID-19-related shutdown, she sued both her carrier and the insurance producer that procured the policy.