Insurance Coverage Blog

Insurance Coverage Update - September 2015

Covered in this post: 

  • New Jersey Appellate Division Rejects Bad Faith Claim When Insurer Settles Less Than All Underlying Claims for Policy Limit
  • New Jersey District Court Rejects Policyholder's Attempt to Amend Complaint to Add Bad Faith Claim
  • New Jersey Appellate Division Allows Assignment of Rights under Occurrence-Based Policy
  • New Jersey Supreme Court Finds Third Party Lacks Standing to Bring Bad Faith Claim

NEW JERSEY


Bad Faith

Insurance Coverage Update - June 2015

Covered in this post:

  • District Court Finds Bad Faith Claim Devoid of Merit
  • New Jersey Appellate Division Refuses to Reform Policy Limits When Insured Failed to Inspect Declaration Page
  • Court Affirms that New York Does Not Recognize an Independent Tort For The Bad Faith Denial of Coverage

NEW JERSEY


Bad Faith - Life Insurance
District Court Finds Bad Faith Claim Devoid of Merit

Insurance Coverage Update - May 2015

Covered in this post: 

  • Court Grants Summary Judgment in Favor of Insurer Based on Policyholder's Unexcused Delay in Providing Notice
  • New York Trial Court Finds Coverage But Denies Bids for Attorney's Fees and Finding of Insurer Bad Faith
  • District Court Finds No Bad Faith Where Question of Material Fact Remained at Summary Judgment Stage of Coverage Suit
  • Bad Faith and Consumer Fraud Act Claims Survive Motion to Dismiss in Accident Disability Coverage Dispute

NEW YORK

Insurance Coverage Update - March 2015

Covered in this post:

  • District Court Denies Motion to Dismiss Insurer's Declaratory Judgment Action
  • Bad Faith Component of Suit Severed from Underlying Coverage Dispute
  • Court of Appeals Declines to Interpret Exception to Exclusion as Providing Coverage Under Homeowner's Policy for Loss Caused by Flood
  • Insurer Estopped from Denying Coverage for Untimely Disclaimer

Insurance Coverage Newsletter - February 2015

Covered in this post: 

  • New Jersey Supreme Court Holds Doctrine of Res Judicata Bars Plaintiff's Subsequent Claim for Bad Faith
  • Supreme Court Finds No Bad Faith When Relying Upon Unpublished Appellate Division Decision and Plain Reading of Policy Language
  • Federal Court Remands Insurance Coverage Action Back to State Forum

Insurance Newsletter Update - January 2015

Covered in this post:

  • Appellate Division Finds Two of Four Named Insured Endorsements Obviate Coverage
  • Appellate Division Finds No Coverage under Fungus Exclusions
  • Appellate Division Remands to Allow Participation of Necessary Party in Subrogation Dispute
  • Anti-Concurrent/Anti-Sequential Clause Bars Coverage for Loss with Both Covered and Excluded Causes
  • New York Court of Appeals Finds Insurer's Maximum Liability is Limited to a Single Policy Limit for Successive Exposure to Lead Paint
  • Court of Appeals Finds that Insured Could not Establish Sufficient Relationship with Broker to Avoid Non-compliance with Notice Provision

Insurance Coverage Update November 2014

Covered in this post:

  • True Excess Policy Takes Priority of Coverage Over Primary Liability Policy Containing Excess Other Insurance Clause
  • District Court Untangles Six-Way Priority of Coverage Dispute Arising from Multi-Million Underlying Personal Injury Settlement
  • Court Finds Letter Seeking Information from the Insured and Requesting Insured Cease Business Operations Constitutes a Demand for
    Injunctive Relief
  • New York Trial Court Finds Policyholder Responsible for Allocated Share of Environmental Liabilities Attributable to Period of
    Self-Insurance Pursuant to New York Regulation Prohibiting Coverage for Sudden and Accidental Pollution

Insurance Coverage Update October 2014

Covered in this post:

  • New Jersey Appellate Division Touches Upon Various Issues Regarding Allocation and Exhaustion in a Long-Tail Environmental Claim
  • New Jersey District Court Dismisses Counts from Insureds' Hurricane Sandy Coverage Suit
  • New Jersey Appellate Division Finds No Coverage for Costs of Accepting Return of Defective Product
  • No Prejudice Requirement Added to New York Common Law Late Notice Standard
  • New York Judge Addresses Allocation of Continuous Trigger Liability