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Insurance Coverage Blog

Commentary on Insurance Coverage Litigation in New York
Posted: December 3, 2020

Facts Outside the Complaint Establish Insurer’s Duty to Defend Personal Injury Action

Posted by Bradley J. Nash, Litigation Partner On November 24, 2020, the First Department issued a decision in Wesco Ins. Co. v. Hellas Glass Works Corp., 2020 NY Slip Op 06975, holding that consideration of facts outside the complaint established an insurer’s duty to defend a personal injury action. Affirming the motion court’s decision, which was previously discussed on this...

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Posted in Duty to Defend
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 dispute. The Village of Chester...

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Posted in Policy Exclusions
Posted: October 29, 2020

Insurer Had No Duty to Defend Complaint Alleging Intentional Assault Despite Conclusory Allegations of Negligence

Posted by Bradley J. Nash, Litigation Partner On August 20, 2020, the Fourth Department issued a decision in Scalzo v. Central Co-op. Ins. Co., 2020 NY Slip Op 04639, holding that an intentional assault was excluded from coverage under a liability policy, despite conclusory language in the complaint asserting a negligence claim in the alternative. The plaintiff in the underlying...

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Posted in Duty to Defend
Posted: October 26, 2020

North Carolina Judge Grants Summary Judgment to Restaurant Owners on Claim for COVID-19 Business Interruption Losses

Posted by Bradley J. Nash, Litigation Partner On October 7, 2020, North Carolina Superior Court Judge Orlando F. Hudson, Jr. handed down an important victory for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic.  In North State Deli, LLC v. The Cincinnati Ins. Co., Case No. 20-CVS-02569, Judge Hudson granted summary judgment to...

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Posted in COVID-19, Business Interruption Coverage
Posted: September 23, 2020

CGL Insurer Had No Duty to Defend Where Undisputed Facts Showed Policy Exclusion Applied

Posted by Bradley J. Nash, Litigation Partner On September 16, 2020, Judge Failla of the SDNY issued a decision in Philadelphia Indemnity Ins. Co. v. Streb, Inc., Case No. 19-CV-366 (KFP), ruling that a CGL carrier had no duty to defend a personal injury action because undisputed “extrinsic evidence” (i.e., facts not alleged in the complaint) conclusively established that an...

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Posted in CGL Policies, Duty to Defend, Policy Exclusions
Posted: August 14, 2020

Federal Court Allows Business Interruption Claims for COVID-19 Losses to Proceed

Posted by Bradley J. Nash, Litigation Partner On August 12, 2020, United States District Judge Stephen Bough of the Western District of Missouri issued an important decision for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic.  In Studio 417, Inc. v. Cincinnati Ins. Co., Case No. 20-cv-03127-SRB (W.D. Mo.), Judge Bough ruled that...

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Posted in COVID-19, Business Interruption Coverage
Posted: April 21, 2020

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 under a general commercial liability...

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Posted in CGL Policies, Disability discrimination, "Occurrence"/"Accident"
Posted: April 14, 2020

Court of Appeals Grants Leave to Appeal on CGL Carrier’s Duty to Indemnify Brokerage Firm for Disgorgement Payment to SEC

Posted by Bradley J. Nash, Litigation Partner On March 26, 2020, the New York Court of Appeals granted leave to appeal from the First Department’s decision in J.P. Morgan Sec., Inc. v. Vigilant Ins. Co.,126 A.D.3d 76 (1st Dep’t 2018), which held that that a disgorgement payment made as part of the settlement of an SEC enforcement action was a...

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Posted in CGL Policies, Policy Exclusions
Posted: March 30, 2020

Coronavirus and Business Interruption Claims: A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 Pandemic

Posted by Bradley J. Nash, Litigation Partner Readers of this blog may be interested in my new article:  Coronavirus and Business Interruption Claims: A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 Pandemic, which is available here. Business interruption insurance can provide much-needed coverage for businesses experiencing sudden losses of revenue in the wake of the Coronavirus...

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Posted in COVID-19, Business Interruption Coverage
Posted: February 25, 2020

CGL Policy’s IP Exclusion Bars Defense Coverage Despite Absence of “Direct Claims for IP Relief” in Complaint

Posted by Bradley J. Nash, Litigation Partner On February 7, 2020, the Second Circuit issued a decision in Lepore v. Hartford Fire Ins. Co., Case No. 19‐778‐cv, holding that a CGL policy exclusion for any suit alleging “an infringement or violation of any intellectual property right” was triggered even though the underlying complaint did not contain a direct IP-infringement claim....

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Posted in CGL Policies, Personal and Advertising Injury, Policy Exclusions