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New York High Court: “Issued or Delivered” Includes Policies Insuring Risks in New YorkDec 06, 2017

On November 20th, the New York Court of Appeals expansively interpreted the language of New York Insurance Law § 3420 by holding that the statute, which applies to policies “issued or delivered” in New York, extends to policies insuring risks in New York, not just policies that originated from or were actually handed over to the insured in the state.  This case affords policyholders and injured parties the protection intended…

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N.J. Appellate Court Applies Continuous Trigger Theory in Property Damage Case and Determines “Last Pull” for CoverageNov 13, 2017

The New Jersey Superior Court, Appellate Division, published an important decision addressing several fundamental issues regarding how a commercial general liability (CGL) policy applies to long-term property damage.  The court held that: (1) a continuous trigger theory of coverage may be applied to third-party liability claims involving progressive property damage caused by an insured’s allegedly defective work; (2) the “last pull” (i.e., the cutoff point) of the continuous trigger is…

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Privity Problems Continue for Additional Insureds in the Second CircuitNov 07, 2017

On October 4, the Second Circuit held that a sub-subcontractor’s insurer had no duty to defend or indemnify an owner and general contractor after a construction accident.  The court focused on the language of two separate additional insured endorsements in coming to its decision and ultimately interpreted the endorsements to require direct contractual privity with the named insured, which neither the owner nor the general contractor had.  This ruling is…

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Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy ClaimNov 07, 2017

Recently, a New Jersey Magistrate ruled that an insurer did not have to provide coverage for a chocolatier’s property damage and business interruption losses due to Hurricane Sandy. Madeline Chocolate Novelties Inc. (Madeline), a family-owned chocolatier in Queens Rockaway Beach, held a one-year all-risk policy with Great Northern Insurance (Great Northern).  The policy contained a flood exclusion and a windstorm endorsement.  When Hurricane Sandy hit in October 2012, Madeline suffered…

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