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June 3, 2013 Policy Conditions, Considerations, Construction, and Formation

Insurers’ Goal Line Stand: California Coverage Action Stayed While New York Case Marches On

National Football League v. Fireman’s Fund Ins. Co.
(Cal. App. Ct. May 28, 2013)
A California appellate court recently affirmed a stay of California litigation commenced by the NFL against multiple insurers seeking coverage for traumatic brain injury cases. The court held that the NFL was not a California resident for purposes of a forum non conveniens analysis even though it has three teams in California.

The NFL administration and its intellectual property marketing arm were sued in multiple states by dozens of former players …

May 14, 2013 Policy Conditions, Considerations, Construction, and Formation

New York First Department’s Message to Insureds: An Equitable Defense Concerning A Policy Exclusion Cannot Be Decided By Motion Practice

206-208 Main St. Assocs. d/b/a/ Sutphin Blvd., LLC v. Arch Ins. Co.
(N.Y. App. Ct., 1^st Dept. May 2, 2013)
A New York appellate court recently held that the issue of whether an insurer was equitably estopped from raising an earth movement exclusion as a defense to coverage two years after it had assumed the purported additional insured’s defense was an issue for the trier of fact.

The plaintiff, 206-208 Main Street Associates, Inc. d/b/a 8930 Sutphin Blvd., LLC hired defendant H & H …

December 13, 2012 Environmental

New York Appellate Division Affirms Summary Judgment On Coverage For Manufacturer In Asbestos Suit Where Insurer Failed To Prove Expected Injury Exclusion In Policy

Union Carbide Corp. v. Affiliated FM Ins. Co.
(Supreme Court, Appellate Division, First Department, December 6, 2012)

This environmental coverage dispute arises out of an underlying asbestos claim. The trial court granted Union Carbide
partial summary judgment striking the insurer’s defense that there was no coverage for the claims because the manufacturer expected or intended the bodily injury that resulted from exposure to its asbestos products.

The insurer asserted that Union Carbide intended the damages because it knew that asbestos would cause injuries and that …

April 4, 2012 Reinsurance

Court of Appeals: New York’s Antitrust Statute does not reach London’s Reinsurance Marketplace

Global Reinsurance Corp. v. Equitas Ltd. (N.Y. March 27, 2012)

In a suit by a New York branch of a German reinsurance corporation against U.K.-based entities engaged in the business of providing retrocessionary reinsurance, asserting a claim under New York State’s antitrust statute, the Donnelly Act, the Appellate Division’s ruling in favor of the plaintiff on a CPLR 3211 motion to dismiss was reversed by the New York Court of Appeals.

The retrocessionaires, or retrocessionary reinsurers, wrote coverage for risks ceded to them by reinsurers. …

February 13, 2012 Industry News / Reinsurance

Former New York State Superintendent of Insurance, James J. Wrynn, joins Goldberg Segalla LLP as Partner

Goldberg Segalla LLP is pleased to announce James J. Wrynn will join the law firm March 5. He will run the firm’s New York office and will be a senior partner in its Global Insurance Services Practice Group.

Mr. Wrynn served as the 40th and last Superintendent of Insurance in the State of New York until it merged with the New York State Department of Banking to form the new Department of Financial Services. He then served as the first Deputy Superintendent of …

January 24, 2012 Disclaimers and Reservations of Rights

New York’s First Department Rejects Well-Established Precedent on Coverage Notices

George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA (N.Y. App. Div. January 17, 2012)

Following settlement of a personal injury lawsuit brought by a subcontractor’s employee against the general contractor and owner, Plaintiffs, the general contractor and owner, sued the subcontractor’s excess insurer (“Insurer”), seeking a declaration that Insurer’s disclaimer of coverage was untimely under former Insurance Law § 3420(d) (current version at § 3420(d)(2)), and seeking recovery, as additional insureds, of Insurer’s alleged pro rata share of the employee’s personal …

November 2, 2011 Uncategorized

NEW YORK HEALTH INSURERS AGREE TO TRANSPARECY REGARDING PREMIUM RATE INCREASES

A 2010 law requires insurers to seek the prior approval of the New York Department of Financial Services to raise certain health insurance rates and to support the rate increase requests with “substantial” and detailed information. Since the law has been implemented, insurers have sought increases of 12.7 percent on average. The State has allowed increases of 8.2 percent. In September, the Superintendent of the Department of Financial Services announced that the insurers’ filings would be posted online. At least a dozen insurers issued formal …

October 17, 2011 Uncategorized

NEW YORK COURT OF APPEALS GRANTS LEAVE TO HEAR FAILURE TO PROCURE CASE

On October 13, 2011, the New York Court of Appeals granted to leave hear American Bldg. Supply Corp. v. Petrocelli Group, Inc., 2011 N.Y. Slip Ip. 01324 (1^st Dept. February 22, 2011).

Petrocelli procured coverage for American Building Supply’s (“ABS”) operations. According to ABS, it requested coverage for, among other things, “general liability for the employees…if anybody was to trip and fall and get injured in any way.” The policy procured was a general liability policy, but contained a cross-liability exclusion, which eliminates …

July 25, 2011 Uncategorized

NEW YORK INSURANCE DEPARTMENT REQUIRING LIFE INSURERS TO PROACTIVELY LOCATE POLICYHOLDERS WHO HAVE DIED

On July 5, 2011, the New York State Insurance Department directed all licensed life insurers to report how many death benefits they have not paid because they did not use the official government list of deaths to identify policyholders. Insurers were directed to “immediately” begin identifying deceased policyholders and determine whether benefits were made. The Department is also working on a regulation to make the requirement permanent.

Noting that many insures do not analyze death data to determine if benefits are payable, the Department is …

March 14, 2011 Emerging Issues

New York’s Highest Court Determines That CGL Policy Is Primary Over D & O Policy Based Upon Relevant “Other Insurance” Clauses

FIELDSTON PROPERTY OWNERS ASSOCIATION, INC. v. HERMITAGE INSURANCE COMPANY AND FEDERAL INSURANCE COMPANY

(N.Y. Ct. App. February 24, 2011)

Fieldston Property Owners Association, Inc. (“Fieldston”) was sued first in federal court and subsequently in New York state court by Chapel Farm Estates (“Chapel Farm”) based upon “false statements and fraudulent claims Fieldston allegedly made concerning Chapel Farm’s right to access Fieldston’s property during a construction project. In the federal lawsuit, Chapel Farm asserted causes of action for injurious falsehood and interference with …