Sunday, November 2, 2008

Coverage Counsel Polls

I've removed the monthly Coverage Counsel poll from the right side panel.  Our last poll in September garnered only 7 votes, so I've decided not to clutter this page with monthly polls.  I may bring back an occasional poll here or there, as trendy issues and hot topics arise and warrant, but monthly polls feel too much like homework, so I've dropped them.

For those who voted in September's poll, which asked, "Will the NY Court of Appeals' decision in Bi-Economy Market v. Harleysville on the recoverability of consequential damages in excess of policy limits against insurers ultimately be: A. Limited to commercial property policies that afford business income loss coverage; B. Limited to commercial lines insurance policies; or C. Applied to all types of personal and commercial lines insurance policies?", the 4 of you who answered "C" seem to be the clairvoyant ones, as evidenced by the recent decisions blogged on these pages.  Haven't seen the decision applied to an auto policy yet, but we're only eight and a half months out from the Court of Appeals' decision.

Even though I think that courts have misapplied Bi-Economy to homeowners policies, there is a silver lining.  More work for coverage counsel.

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