Lend Lease (US) Constr. LMB Inc. v Zurich Am. Ins. Co. Edited by Lawrence N. Rogak During Hurricane Sandy, a construction crane on a high-rise building partially collapsed due to high winds, and was covered by TV news crews. Zurich insured the building owner and general contractor. Zurich disclaimed coverage for claims related to the […]
Batista v Global Liberty Ins. Co. of N.Y. Edited by Lawrence N. Rogak A liability insurer issued a disclaimer three years after learning of the occurrence, and a year after receiving a default judgment against the insured. The insurer assigned counsel to represent the insured at a traverse hearing to challenge the validity of service […]
Americare Certified Special Servs., Inc. v Nautilus Ins. Co. Edited by Lawrence N. Rogak Plaintiff, a home health care agency, had been sued in a class action on behalf of patients whose services had been reduced due to State budget cuts to Medicaid. Plaintiff’s general and professional liability insurer disclaimed. After the class action suit […]
Bennett v State Farm Fire & Cas. Co. Edited by Lawrence N. Rogak Plaintiffs had a homeowner’s policy from State Farm. After an oil spill on their property, State Farm hired an engineer and a contractor to clean it up. Plaintiffs alleged that the contractors caused additional damage, and sued State Farm for negligence. State […]
Country-Wide Ins. Co. v Excelsior Ins. Co. Edited by Lawrence N. Rogak A truck driver was injured while unloading a trailer, when the trailer’s lift gate collapsed. The truck’s owner had a “Trucker’s Policy” from Country-Wide and a general liability policy from Excelsior which had an auto exclusion. Country-Wide defended the truck’s owner, settled the […]
Matter of Hickey v New York State Dept. of Motor Vehs. Edited by Lawrence N. Rogak Appealing the revocation of her driver’s license, plaintiff argued that although she refused a Breathalyzer test when police offered it at the hospital, she was in too much of an “altered state” to knowingly refuse. In addition, she argued […]
Estee Lauder Inc. v OneBeacon Ins. Group, LLC Edited by Lawrence N. Rogak In a brief decision with a minimum of details, the Court of Appeals holds that an insurance company’s disclaimer which did not cite late notice as a defense, did not automatically waive that defense, because late notice had been cited by the […]
American Home Assurance Co. v Sebo, Case number 2D11-4063 The Florida Supreme Court ruled on 12/01/2016 that insurance companies should not deny coverage for property damage just because it had more than one concurrent cause, as long as the policy covers one of the causes. John Sebo sued AHAC after it denied his claim for […]
Nationwide Mut. Ins. Co. v. Geico Cas. Edited by Lawrence N. Rogak In this property damage loss transfer arbitration, Geico contended that the amounts sought by Nationwide exceeded Geico’s policy limits. Despite this, the arbitrator made an award in excess of those limits. Nationwide moved to confirm the award, which was granted by District Court. The Appellate […]
Golden Earth Chiropractic & Acupuncture, PLLC v. Global Liberty Ins. Co. of N.Y. Edited by Lawrence N. Rogak This ruling in a No-Fault appeal stands for two propositions, one of which answers a novel question. First, an IME scheduling letter, the wording of which deviates from Regulation 68 by adding the word “proven” to the […]
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