This section covers key principles of insurance coverage law that frequently arise in New York civil litigation, with a focus on practical issues facing insurers, claims professionals, and defense counsel. The analysis emphasizes how coverage determinations are litigated, resolved, and applied in real-world claims handling and dispute resolution.

What You’ll Find Here

• Duty to Defend vs. Duty to Indemnify
• How courts analyze policy language, pleadings, and extrinsic evidence when determining defense and indemnity obligations.
• Additional Insured Coverage
• Common endorsement forms, “arising out of” language, and the impact of contractual relationships on coverage status.
• Policy Exclusions and Exceptions
• Application of exclusions such as employee injury, prior work, owned property, and professional services, including burden-shifting principles.
• Late Notice and Prejudice
• Timeliness standards under New York law and how prejudice is evaluated post-amendment to Insurance Law § 3420.
• Coverage for Construction and Premises Claims
• Recurring issues in Labor Law, premises liability, and construction defect cases.
• Priority of Coverage and Other Insurance Clauses
• Primary vs. excess disputes, horizontal vs. vertical exhaustion, and competing policy provisions.
• Reservation of Rights and Disclaimer Requirements
• Best practices and common pitfalls in issuing timely and effective coverage positions.
• Declaratory Judgment Actions
• Strategic considerations in prosecuting and defending coverage litigation in New York courts.