New York CM Report of Recent Decisions (2011v2)
2011 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
Abutting Landowners And Municipality Not Liable For Damages Caused By Increased Flow Of Surface Water Onto Plaintiff's Property
The Appellate Division, Second Department affirmed a trial court's decision which held that neither of the two abutting landowners, nor the municipality, were liable for property damage caused by an alleged increased water flow onto Plaintiff's property.
Court Continues To Strictly Enforce The Anti-Subrogation Rule
The Appellate Division, Second Department reversed the lower court's decision and held that the anti-subrogation rule precluded owner's liability insurer from recovering defense and settlement costs from manager's liability insurer.
Court Dismisses Claims Against Insurer Because Certificate Of Insurance Does Not Modify Terms Of Policy To Include Additional Insured
The District Court for the Eastern District of New York held that a third-party plaintiff could not claim to be an additional insured under a certificate of insurance where the third-party was not endorsed as an additional insured under the relevant policy and the certificate of insurance specifically stated that it did not modify the terms of the policy.
Court Finds That Difference In Triggering Language Between Umbrella Insurers Has Effect On Priority Of Coverage
The New York Appellate Division, Second Department, reversed a trial court's partial grant of summary judgment in favor of a construction contractor and its insurers in a case filed by a college and its insurers in connection with determining the priority of coverage.
Court Holds That Insurer Owes No Coverage For A Dog Bite Claim After The Insured Failed To Provide Timely Notice Of Its Claim Pursuant To The Policy's Terms And Conditions
The Appellate Division, Second Department recently determined that an insurer owes no coverage for a dog bite claim because the insured failed to provide timely notice of its claim, pursuant to the policy's terms and conditions.
Subcontractor Liability Under New York's Labor Laws: Statutory Agency And Duty To Supervise
In a recent decision, the New York State Appellate Division for the First Judicial Department expanded the scope of what qualifies as supervision under New York's Labor Law statutes, and thereby made it much more difficult for an absentee subcontractor to avoid liability for work it did not direct or arising from injured plaintiffs it did not actually supervise.
