August 2009 Posts

For those of you who don't like to scroll, here's a list of Coverage Counsel's posts for August 2009:

August 17

• Question of Fact Found on Timeliness of Auto Insurer's Late Notice Disclaimer
• Personal Umbrella Insurer Found to Have Standing to Commence Declaratory Judgment Action to Challenge Disclaimer of Homeowners Insurer
•  James J. Wrynn Appointed as New York State Insurance Department Superintendent

August 18

• Auto Body Shop's Failure to Send 5-Day Notice Precludes Recovery of Storage Charges

August 19

• Parking Garage Found Not Liable for Injuries Caused by Stolen Vehicle

August 20

• Same Counsel May Defend Insured in DJ Action and Underlying Personal Injury Action
• The Elasticity of Timely Notice -- Insured's One-Year Delay in Providing Notice of SUM Claim Found Reasonable
• DWT -- Driving While Texting: Twice as Dangerous as DWI

August 24

• 1970s CGL Policies Deemed to Contain New York's Then Statutory Pollution Exclusion
•  the CPLR blog
• Legal Malpractice Policy Found to Constitute Insurance Against Liability for "Injury to Person(s)" Under New York Insurance Law § 3420(A)

August 25

• A Disclaimer for a Blawg About Disclaimers

August 26

• Motion Court Holds That No-Fault Insurer Had No Right to Demand EUOs of Medical Providers' Purported Owner Prior to April 5, 2002
• 28-Day Delay in Disclaiming Found to Excuse Insured's Nearly 3-Year Delay in Providing Notice of Occurrence

August 27

• Bronx Civil Holds that No-Fault Insurer Is Not Obligated to Offer Policy On Motion to Prove EUO Requirement & Certified Mail Creates Same Presumption of Receipt as Regular Mail

August 28

• Renovating a Kitchen is Not Inherently Dangerous Work -- Subrogation Claim Dismissed

August 31

• Don't Rush By the Shiny Pebbles -- The Importance of Curiosity
• New York State Insurance Department Office of General Counsel Opinions for May, June, July & August 2009