It has long been understood that under New York law, an insurance company may recoup defense costs paid on behalf of an insured once it has been ultimately determined that there was no coverage in connection with the underlying action, …
A Massachusetts Appeals Court has ruled that an insurance company is responsible for insuring alleged property damage caused by its subcontractor client, vacating an earlier Superior Court decision that the insurer has no duty to defend the subcontractor in this …
The Massachusetts Appeals Court has reversed a lower court’s ruling in a case examining whether damage to scallops at a seafood processing facility, when the cause of damage is unknown, constitutes an occurrence within a commercial general liability (CGL) policy. …
The general rule holds that when a policy provision is susceptible to more than one interpretation courts should construe the ambiguity against the insurer and liberally in favor of the insured. This principle is often asserted by policyholders seeking coverage …
Homeowners, businesses, and municipalities in the tri-state area continue to rebuild and rebound from Superstorm Sandy. Often, large-scale devastation and destruction are followed by lawsuits against individuals and entities allegedly responsible for protecting, managing, and maintaining the damaged buildings. A …
Claims involving allegations of alcohol intoxication require careful analysis when determining what policy or policies may apply. Two common theories centered on alcohol-related allegations that come into play include premises liability and dram shop liability, according to John P. Cunningham …
The Virginia Supreme Court has ruled in favor of an insurance company in a closely watched legal case involving global warming. The high court ruled that Steadfast Insurance Co., which provided commercial general liability (CGL) coverage for energy company AES …
