HNRK Coverage Corner
As policyholder counsel, we’re predisposed to look at insurers with a jaundiced eye. So, we were pleased to read reports that Chubb—the insurer for Baltimore’s Francis Scott Key Bridge, which collapsed on March 26—is preparing to make a prompt $350 million payment to the State of Maryland.
Where coverage and a loss far exceeding the coverage limits are clear, there is no good faith reason to delay payment. Good to see an insurer doing the right thing.
HNRK secured a significant and precedential win for Syngenta Crop Protection LLC this week, when the Delaware Supreme Court upheld a trial court’s two summary judgment rulings that its primary and umbrella insurers could not avoid their coverage obligations on the basis of an attorney’s presuit letter claiming Syngenta’s herbicide Paraquat caused his unnamed clients’ alleged injuries. The court rejected the insurers’ argument that the letter constituted a “claim for damages” first made prior to the period covered by the policies and, in so doing, clarified the ...
On January 8, 2024, Justice Frank of the New York County Supreme Court issued a decision in Endurance Am. Ins. Co. v. StoneX Commodity Solutions, LLC, Index No. 653234/2022, granting summary judgment as to liability to StoneX Commodity Solutions, a trader of physical commodities, in an insurance coverage dispute, arising from a loss of more than 500,000 bushels of soybeans as a result of a warehouse owner’s fraud.
The court held that StoneX established an actual loss during the relevant policy period, declaring there is insurance coverage to cover the loss of 502,315 bushels of ...
On December 26, 2023, the Second Circuit issued a decision in Ezrasons, Inc. v. The Travelers Indemnity Co., Docket No. 22-766, construing an ambiguous provision in a marine cargo insurance policy in favor of the insured under the doctrine of contra proferentem.
As the Second Circuit explained: “When dealing with insurance policies, it is a ‘fundamental’ principle of New York law that ambiguities should be interpreted against the insurer and in favor of the insured.” This rule of construction (which we have discussed in previous posts) is an application of the contra ...
On February 6, 2023, Justice Louis L. Nock of the New York County Supreme Court issued a decision in Wesco Ins. Co. v. Nunez Dental Servs., P.C., 2023 NY Slip Op 30373(U), holding that a criminal acts exclusion barred coverage for a lawsuit alleging violations of the rights of privacy and publicity under the N.Y. Civil Rights Law, despite the fact that the insured was never convicted, or even charged with, a crime.
The underlying lawsuit alleged that the insured, Nunez Dental, misappropriated the image of the plaintiff’s image to advertise Nunez’s dental services. Among other ...
Search Blog
Recent Posts
- Delaware Court Dismisses D&O Coverage Action as Premature Under Policy’s “No Action” Clause
- Chubb Prepares to Pay $350 Million to State of Maryland for Baltimore Bridge Collapse
- Sixth Circuit Rules That Insurer is Entitled to Reimbursement of Defense Costs, Holding That Reservation of Rights Letter Created an Implied-In-Fact Contract
- Fifth Circuit Holds Contract Exclusion Does Not Bar Defense Coverage for Ticket Holders Lawsuit Arising From Festival Cancelled During Covid-19 Pandemic
- HNRK Secures Win for Syngenta in Insurance Coverage Appeal at Delaware Supreme Court
- New York Court Considers Evidence Regarding Insurers Handling of Prior Claims in Denying Insurer’s Motion for Summary Judgment
- HNRK Insurance Recovery Partners Author Article for Chambers 2024 Global Practice Guide
- HNRK Secures Win for StoneX in Coverage Dispute in New York Supreme Court
- Second Circuit Suggests Contra Proferentem is Used as a “Matter of Last Resort” in Insurance Coverage Disputes—Tell That to Cardozo and Hand
- Hawaii Supreme Court Holds That Insurers May Not Recoup Defense Costs for Uncovered Claims Absent Express Policy Provision for Reimbursement
Popular Categories
- D&O Policies
- Insurance Coverage
- Duty to Defend
- CGL Policies
- Policy Exclusions
- Damages
- Occurrence/Accident
- Rules of Interpretation
- Additional Insured Endorsement
- E&O Policies
- Business Interruption Coverage
- Cyber Coverage
- Pollution Exclusion
- Construction
- Bad Faith Claims Handling
- Indemnification and Advancement
- COVID-19
- Duty to Cooperate
- Advertising Injury
- Excess Insurance
- Personal and Advertising Injury
- Related Claims
- Insurance Brokers
- Confict of Laws
- Discovery/Disclosure
- Appraisal
- Covered Loss
- Attorney Fees
- Assignment of Claims
- Disability discrimination
- Implied Covenant of Good Faith and Fair Dealing
- Notice
- Privilege/Work Product
- Priority of Coverage
- Intellectual Property
- Contracts
- Professional Malpractice
- Rescission
- Intervention/Joinder
- Subrogation
- Settlements
- General Business Law
- Unfair Claims Settlement Practices
Archives
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- September 2023
- August 2023
- June 2023
- May 2023
- April 2023
- March 2023
- January 2023
- December 2022
- September 2022
- May 2022
- April 2022
- March 2022
- November 2021
- June 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018