Posted by Bradley J. Nash, Litigation Partner On December 29, 2020, Justice Masley of the New York County Commercial Division issued a decision in Certain Underwriters at Lloyd’s London v NL Indus., Inc., 2020 NY Slip Op 34331(U), denying CGL carriers’ motions for summary judgment, despite a final judgment in the underlying action holding the insured... Read more »
Blogs
Posts Categorized: “Occurrence”/”Accident”
Second Circuit Certifies Question to Court of Appeals: Can a Discrimination Claim Based on a “Failure to Accommodate” Constitute a Covered “Occurrence” Under a CGL Policy?
Posted by Bradley J. Nash, Litigation Partner On April 9, 2020, the Second Circuit issued a decision in Brooklyn Center of Psychotherapy, Inc. v. Philadelphia Indemnity Ins. Co., Docket No. 19-2266-cv, certifying the following question to the New York Court of Appeals: Can a discrimination claim based on a “failure to accommodate” theory trigger coverage... Read more »
Exclusion for “Intentional and Criminal Acts” Barred Defense Coverage for Parents Accused of “Negligent Supervision” of Minor Son Who Committed Sexual Assault
Posted by Bradley J. Nash, Litigation Partner On November 20, 2019, Judge Briccetti of the SDNY issued a decision in Metropolitan Prop. & Cas. Ins. Co. v. Comley, Case No. 18-cv-9259 (VB), holding that a liability insurer properly denied defense coverage, under an exclusion for “intentional and criminal acts”, for a lawsuit alleging “negligent supervision”... Read more »
Intentional Acts Covered Under CGL Policy Where Insured Did Not Intend “Specific Harmful Result”
On December 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v Don Buchwald & Assoc., Inc., 2018 NY Slip Op 33325(U), holding that an intentional tort could be a covered occurrence, triggering a CGL insurer’s duty to defend. This insurance coverage case arose from... Read more »
Series of Thefts by the Same Employee Constitutes a Single “Occurrence” Under “Employee Dishonesty” Coverage
On July 2, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Dan Tait, Inc. v. Farm Family Cas. Ins. Co., 2018 NY Slip Op 28205, holding that a series of thefts by an employee constituted a single “occurrence,” subject to a single $15,000 coverage limit, under the “Employee Dishonesty” section... Read more »
Injury Not Covered Occurrence under Automobile Liability and Personal Umbrella Policies Because It Was “Intentionally Caused”
On May 11, 2018, the Second Circuit issued a decision in Hough v. USAA Casualty Ins. Co., Case No. 17-1073, holding that a collision between a driver and a “flagman” at a construction site was not a covered “occurrence” under the driver’s automobile liability and umbrella policies because the injury was “intentionally caused.” The policies... Read more »