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Daily Archives: Monday, November 23, 2020

Posted: November 23, 2020

Federal Court Stays Coverage Action Where Insurer’s Duty to Defend and Indemnify Is Contingent on Facts at Issue In Underlying State Court Action

Posted by Bradley J. Nash, Litigation Partner On October 22, 2020, Judge Román of the SDNY issued a decision in U.S. Specialty Ins. Co. v. Village of Chester, Case No. 19-cv-467(NSR), staying an insurer’s declaratory judgment action pending the resolution of a parallel state court action that would determine the factual issues underlying the coverage... Read more »

Posted: November 23, 2020

RMBS Trustee’s Obligation to Hold the Trust’s Contractual Rights and to Exercise Them For the Benefit of Certificateholders Includes Affirmative Duty to Enforce Those Rights

On November 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Western & S. Life Ins. Co. v. U.S. Bank N.A., 2020 NY Slip Op. 51307(U), holding that an RMBS trustee’s obligation to hold the trust’s contractual rights and to exercise them for the benefit of certificateholders includes an... Read more »