Tag: New York

New York Clarifies Continuous Trigger Coverage Where Not All Years Are Covered by PoliciesSep 28, 2016

The New York Appellate Division recently ruled that insurers who are “on the risk” in extended environmental claims do not have to contribute to years when there was no coverage available in the marketplace for the insured to purchase. In Keyspan Gas E. Corp. v. Century Indem Co. Index No. 604715/97 (1st Dept. Sept. 1, 2016), the court considered whether Century owed any indemnification to Keyspan for years when the…

Read More »
New York Court Provides Relief to Policyholder in Multiple Decade Pollution CaseMay 02, 2016

Did you know that insurance coverage issues can arise from events that took place over 100 years ago? The Long Island Lighting Company (“LILCO”), now owned by National Grid, has been involved in a coverage battle with its insurer, Century Indemnity, since 1997 over coverage for pollution resulting from its Community Gasworks Facilities, all of which were closed by 1930. The facilities, which produced coal gas for lighting, created coal…

Read More »
Who Pays First? Manuscript Priority Language Enforced by NY CourtApr 08, 2016

This week, as part of IRMI’s Expert Commentary Series, Gregory D. Podolak and H. Scott Williams authored an article addressing recent insurance developments and the resulting impact on the construction risk transfer process. Using a recent case in New York, the article discusses the routine failings of horizontal exhaustion and how creative problem solving can better reflect the risk transfer intent. Click here to read the article…  

Read More »
New York Appellate Court Reinforces Broad Coverage for Additional InsuredsAug 24, 2015

In construction, subcontractors are often asked to obtain additional insured coverage for contractors who hire them. Worksite injuries are common, and in New York, injured parties sue frequently. That is why additional insured coverage is vitally important. Recently, an appellate court in New York issued a pro-policyholder decision which will be helpful to companies who seek additional insured coverage, primarily when the insurance policy uses certain specific language. Click here…

Read More »
Case Alert – Wrap-Up Exclusion Blocks Additional Insured Claim in New YorkAug 06, 2015

A recent decision in New York is a cause of concern for wrap-up project contractors seeking to obtain additional insured coverage under an unenrolled subcontractor’s CGL policy. In a decision that circumvents common risk transfer practices within the construction industry, the New York Appellate Division, First Department held that a wrap-up exclusion contained in a subcontractor’s CGL policy barred additional insured coverage for a wrap-up project’s general contractor, even though…

Read More »
Catching Up on SDV Case AlertsMay 27, 2015

In the past two months, we’ve released three new Case Alerts for your review. Click the titles to read the entire alert. Court Broadly Interprets Pollution Exclusion to Bar Coverage for Nontraditional Pollution Under CGL There is a tremendous division, and no clear consensus, among courts regarding whether the pollution exclusion applies only to losses arising from traditional environmental pollution. For example, New York and Nevada have held that the…

Read More »