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Insurance Law

Excess Policy Never Triggered Where Underlying Policy is Unlimited

Published September 1, 2015 |

In Tully Construction v. Illinois National, the Second Department held that where the underlying Workers Compensation and Employers Liability policy, had unlimited limits that the umbrella policy issued by Illinois National would not be triggered.  Read More… Rosa M. Feeney, Esq

An Act to Amend the Insurance Law, in Relation to Unfair Claim Settlement Practices

Published June 16, 2015 |

A bill is currently under  consideration in both houses that would turn New York Bad Faith Law on it’s head. It would create a new section of the Insurance Law, 2601-a, that would provide a private right of action against an insurer, if a policy holder established, by a “preponderance of the evidence” that an “insurer’s refusal… read more

Plaintiff’s Attorney Disqualified from Representing Plaintiff in Bad Faith Action as an Essential Witness

Published April 21, 2015 |

The Appellate Division Second Department in VanNostrand v. New York Central Mutual Fire Ins. Co, affirmed the finding of Judge Feinman of Nassau County Supreme Court, disqualifying the attorney who represented the plaintiff in an underlying personal injury action, from also representing the plaintiff in a bad faith action. VanNostrand commenced an action against Froehlich,… read more

Bad Faith Claim against Insurer is Nothing More than a Breach of Contract

Published March 20, 2015 |

It is not uncommon to see a complaint against an insurance carrier in New York State that includes an allegation of the breach of the duty of good faith and fair dealing, or as it has commonly come to be known, bad faith. Bad faith allegations are regularly asserted, despite the fact that these claims… read more

Can a Court Equitably Toll the Statute of Limitations in an Insurance Policy?

Published February 15, 2015 |

One Court recently did in a Super Storm Sandy case in New Jersey.  The United Stated District Court for the District of New Jersey, in Inacio v. State Farm recently found an equitable tolling of the Statute of limitations in a Sandy case where the carrier did not unequivocally deny the claim in its first denial letter…. read more

First-Party Benefits and Conflict of Laws

Published January 15, 2015 |

The current state of our nation’s economy, gasoline prices and the high cost of air travel have forced people who wish to vacation or engage in recreational activities to look closer to home. Jaunts across state lines to experience the change in foliage, the quaint “Bed and Breakfast” or the bright lights of Times Square… read more

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