New York CM Report of Recent Decisions (2009v2)
2009 Volume 2
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
Appeals Court Holds That An Issue Of Fact Exists As To When An Insured Knows Of A Possible Claim
When an insurer is faced with notice of a claim by its insured, the reasonableness of the insured's timing in providing notice to the insurer is a question of fact.
Federal Court Orders Property Insurer To Produce Reinsurance Information
A federal judge in Louisiana recently ordered a property insurer to produce reinsurance agreements and communications with its reinsurers in a bad faith action for failure to fully and promptly pay losses related to Hurricane Katrina.
Landlord Found To Be An Additional Insured Under Tenant's Policy Where Lease Required Tenant To Procure Coverage For The Mutual Benefit Of Both Parties
In order to be considered an additional insured under a blanket additional insured provision similar to the one at issue in Kassis, the written contract or agreement entered by the insured does not need to expressly state that the third-party be "named as an additional insured."
Notice Of Suit From Another Carrier Triggers The Noticed Carrier's Duty To Promptly Disclaim Coverage Under NY Insurance Law § 3420
This insurance coverage dispute arose out of a trip and fall accident that occurred at a construction site involving a subcontractor's employee.
Recent Appellate Division Opinion Clarifies New York Property Subrogation Basics
Before bringing a subrogation suit in New York, it is important to determine whether a subrogation receipt was executed and the terms of that document.
Unnamed Class Action Plaintiffs Must Satisfy Two Prong Test To Gain Access To Class Counsel's Work Product
Class action cases present unique problems and challenges. As Wyly makes clear, even considerations respecting the fundamental attorney-client relationship are altered by the unique status afforded to a class action.
