Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On July 3, 2025, Justice Joel M. Cohen granted leave to amend the complaint to include an earlier insurance policy covering the aircraft for which Plaintiffs sought coverage. The case is Greylag Goose Leasing 1410 Designated Activity Company v. Chubb European Group, Index No. 654784/2023. Read More

In decisions dated July 10, 2024, in two related actions, Justice Margaret A. Chan granted summary judgment dismissing various claims and cross claims brought against an insurer in Argonaut Insurance Company a/s/o 839 West End Inc. and NIV Realty v. Wayne’s Eco-Friendly Solutions, LLC and Master Fire Systems, Inc., Index No. 162422/2019 (Case 1); Utica First Ins. Co. v Wayne's Eco-Friendly Solutions LLC, Index No. 154187/2020 (Case 2). Read More

On July 9, 2024, Justice Melissa A. Crane granted summary judgment dismissing an insurer from liability to another insurer. Lexington Ins. Co. v New York Mar. & Gen. Ins. Co., Index No. 651214/2022. Read More

On October 27, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Allied World Assurance Company (U.S.) Inc. v. Golenbock Eiseman Assor Bell & Peskoe, LLP, Index No. 653762/2022, holding that an insured's execution of a tolling agreement was a "Claim" under the insured's professional-liability policy, and because this "Claim" was made before the policy period began, the carrier was entitled to a declaratory judgment that this "Claim" was not covered under the policy, explaining: Read More

On October 5, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Westport Insurance Corporation v. Aubergene Resorts LLC, Index No. 651396/2022, granting the plaintiff insurer’s motion to dismiss the defendants’ counterclaims, crossclaims and defenses in its entirety. The action was based on a COVID-19 related claim on an insurance policy providing coverage for “direct physical loss or damage.” The court dismissed the defendants’ counterclaims, crossclaims and defenses, finding that no coverage applied as a matter of law based on the First Department’s 2022 decision in Consolidated Rest. Operations, Inc. v. Westport Ins. Corp., 205 AD3d 76 [1st Dept 2022] lv to appeal granted in part, dismissed in part, 39 NY3d 943 [2022]. The Court explained: Read More

On April 5, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in National Union Fire Insurance Company of Pittsburgh, P.A. Ace American Insurance Company, Index No. 653702/2020. The Court granted Plaintiff National Union’s motion for leave to amend its complaint “to change its claim from breach of the duty good faith and fair dealing under New York law to equitable subrogation under Georgia law.” The Court held that the motion should be granted as the defendant showed no prejudice or surprise from the proposed amendment. The Court explained: Read More

In an Opinion, dated June 24, 2022, in National Hockey League v. TIG Ins. Co., 2022 N.Y. Slip Op. 22213, Justice Melissa Crane determined that insurers had waived the right to control the defense in proceedings brought by former NHL players that they sustained concussion-related injuries during their careers. Read More

On August 2, 2022, in an opinion in Harleysville Worcester Ins. Co. v. Sompo Am. Ins. Co., 2022 NY Slip Op 50699(U), Justice Robert R. Reed denied Plaintiff’s motion to consolidate. Read More

On June 27, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in Booston LLC v. 35 West Realty Co., LLC, Index No. 654308/2019, holding that a commercial lease that required tenant to maintain $2 million of general-liability coverage in a "single limit" permitted tenant to maintain $2 million of coverage in the aggregate, rather than $2 million "per incident," explaining: Read More

In Tina Turner Musical LLC v Chubb Ins. Co. of Europe SE, 2021 NY Slip Op 51143(U), a decision dated December 6, 2021, Justice Borrok denied Chubb’s motion to dismiss an action to recover losses for cancellation of the Broadway show due to COVID. The Court explained: Read More

On November 17, 2021, in East Ramapo Cent. Sch. Dist. v New York Schs. Ins. Reciprocal, 2021 NY Slip Op 0634, the Second Department reversed the decision of Justice Stephen A. Bucaria that dismissed a claim arising from an insurer’s bad-faith denial of coverage and reduced by 65% damages relating to a breach of the duty to defend. The Court explained that in the context of insurance liability litigation, at the pretrial stage courts are reluctant to dismiss complaints alleging bad faith and damages for breach of the duty to defend, unlike in a fee shifting case, are presumed reasonable: Read More

On March 30, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Board of Mgrs. of the 44-15 Purves St. Condominium v 44-15 Purves St., LLC, 2021 Slip Op 32048 holding that an action against an insurer for denying an insurance claim should be severed pursuant to CPLR 603 from the underlying action to determine liability. Read More

On June 27, 2018, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Hom… Read More

On February 13, 2018, the First Department issued a decision in Dae Assoc., LLC v. AXA Art Ins. Corp… Read More

Schlam Stone & Dolan LLP is pleased to announce the launch of a new Insurance Coverage Blog. Edited… Read More

On November 20, 2017, the Court of Appeals issued a decision in Carlson v. American International Gr… Read More

On November 14, 2017, the First Department issued a decision in Illinois Union Insurance Co. v. Gran… Read More

On October 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More

On September 28, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in P… Read More

On September 27, 2017, the Second Department issued a decision in J.W. Mays, Inc. v. Liberty Mutual … Read More