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Daily Archives: Tuesday, June 1, 2021

Posted: June 1, 2021

“Intentional Nonperformance” of Contractual Obligations Does Not Trigger Policy’s “Willful Acts” Exclusions

Posted by Bradley J. Nash, Litigation Partner On April 9, 2021, the Second Circuit issued a decision in Fabrique Innovations, Inc. v. Federal Insurance Company, 20-1396-cv, holding that a policy’s “willful acts” exclusions were not triggered by a “simple breach of contract.” The insured (“Fabrique”) made a claim under a cargo insurance policy that covered damage... Read more »

Posted: June 1, 2021

Common Law Indemnification Claim Dismissed Because Party Seeking Indemnification Allegedly Participated in the Wrong-Doing

On May 12, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., 2021 NY Slip Op. 31646(U), dismissing a common law indemnification claim because the party seeking indemnification was alleged to have participated in the wrongdoing, explaining: As... Read more »