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New York: The “Loss Transfer” Opportunity to Recover Otherwise...
New York’s “no-fault” legislation reflects a public policy designed to make the insurer of first-party benefits absorb the economic impact of loss without resort to reimbursement from its insured or,...
View ArticleNew York Appeals Court Rekindles the Spark
In John Trimble, et al. v. City of Albany, et al., 2016, 144 A.D.3d 1484; 42 N.Y.S. 3d 432 (N.Y. App. Div.), the Supreme Court of New York, Appellate Division, addressed the issue of governmental...
View ArticleNew York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment...
In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in...
View ArticleNew York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable...
In New York Cent. Mut. Ins. Co. v. TopBuild Home Servs., Inc., 2019 U.S. Dist. LEXIS 69634 (April 24, 2019), the United States District Court for the Eastern District of New York recently held that the...
View ArticleNew York Court Takes the Bite Out of a Food Manufacturer’s Request for...
Although there are times when both parties agree on the need to perform destructive tests on an object, when the parties disagree, the party seeking the destructive tests must justify its request. In...
View ArticleAmazon Loses (Again) . . . New York Court Rules That Amazon Can Be Liable for...
New York has joined a growing number of jurisdictions ruling that Amazon can be liable for defective products sold by third-party sellers on its website. The rationale for New York’s recent ruling is...
View ArticleNew York Federal Court Determines a Claim Adjuster’s Testimony Is Sufficient...
In Phila. Indem. Ins. Co., a/s/o Baldwin Real Estate Corp. v. Barker, 2021 U.S. Dist. LEXIS 87642 (N.D.N.Y. May 7, 2021), the United States District Court for the Northern District of New York...
View ArticleSomeone Who Hires an Independent Contractor May Still Be Liable, But Not in...
In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate...
View ArticleUp in Smoke: Insurer’s Circumstantial Evidence Did Not Establish Negligence
In Union Mut. Fire Ins. Co. v. Ace Caribbean Mkt., No. 21-2653,2023 U.S. App. LEXIS 8203 (2d Cir. Apr. 6, 2023), the United States Court of Appeals for the Second Circuit (Second Circuit) considered...
View ArticleNew York Court Enforces Economic Loss Doctrine
The economic loss doctrine is a legal principle that has confused and frustrated subrogation practitioners since its inception. Unfortunately, once practitioners understand the basic theory, they...
View ArticleNew York Preserves Subrogation Rights
The insurer’s right of subrogation is equitable in nature, even if not based in contract. However, since the insurer steps into the shoes of its insured and is limited to the rights of its insured, an...
View ArticleNew York Court Holds Insurer Can Recover Before Insured Is Made Whole
In State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, the Supreme Court of New York considered whether an insurance carrier can settle its property...
View ArticleStrict Standards for Strict Liability Claims
In Homesite Ins. Co. a/s/o Adam Long v. Shenzhen Lepower Int’l Elecs. Co., Ltd., No. 6:23-CV-981, 2024 U.S. Dist. LEXIS 22002, the United States District Court for the Northern District of New York...
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