Posts Categorized: Insurance

Posted: February 27, 2017

Equitable Subrogation Not Available Against Third Party Whose Liability Arises By Contract; Case Remanded For Consideration of Contractual Subrogation Claim

On January 17, 2017, the First Department issued a decision in Millennium Holdings LLC v. Glidden Co., 2017 NY Slip Op. 00258, holding that the doctrine of equitable subrogation did not permit an insurance carrier to recover against a third-party whose liability to the insured arose only by contract, and remanding the case to the… Read more »

Posted: February 16, 2017

Broad Coverage Exclusion Does Not Render Insurance Policy “Illusory” Where Some Coverage Is Afforded

On February 14, 2017, the Court of Appeals issued a decision in Lend Lease (US) Construction LMB Inc. v. Zurich American Insurance Co., 2017 NY Slip Op. 01141, holding that a broad coverage exclusion in a builder’s risk insurance policy did not render the policy “illusory” because it did not “defeat all of the coverage… Read more »

Posted: February 9, 2017

Court of Appeals Accepts Certified Question on Interpretation of Reinsurance Contracts

On January 10, 2017, the Court of Appeals accepted a certified question from the Second Circuit in Global Reinsurance Corporation of America v. Century Indemnity Company, concerning the interpretation of reinsurance contracts. At issue is whether the amount specified in a “Reinsurance Accepted” clause of a reinsurance certificate is an absolute cap, applying both to… Read more »

Posted: December 24, 2016

Insurance Law § 3404 Does Not Bar Policy Condition That Insured Building Have Sprinklers

On December 9, 2016, Justice Oing of the New York County Commercial Division issued a decision in Illinois Union Insurance Co. v Grandview Palace Condominiums Association Corp., 2016 NY Slip Op. 32421(U), holding that an insurance policy condition requiring a building to have sprinklers did not violate Insurance Law § 3404. Insurance Law § 3404… Read more »

Posted: November 1, 2016

Additional Insured Endorsement Only Covered Parties That General Contractor Was Required By Written Contract to Name As Additional Insureds

On October 6, 2016, the First Department issued a decision in Three Boroughs, LLC v. Endurance America Specialty Insurance Co., 2016 NY Slip Op. 06554, holding that an additional insured endorsement in a general contractor’s liability policy only covered parties that the general contractor was required by written contract to name as additional insureds. The… Read more »

Posted: October 4, 2016

Additional Insured Clause Covers Only Those With Written Contracts Directly With Named Insured

On September 15, 2016, the First Department issued a decision in Gilbane Building Co./TDX Construction Corp. v. St. Paul Fire & Marine Insurance Co., 2016 NY Slip Op. 06052, holding that an “Additional Insured-By Written Contract” clause in a prime contractor’s commercial general liability policy did not cover a construction manager who had no written… Read more »