Archives for Complex Insurance Liability

In the recent decision of Mountain Valley Indemnity Co. v. Coen, the New York Supreme Court, New York County, addressed the obligations of insurance carriers in determining coverage based on policyholder residency. The case underscores the significance of precise policy language and the insured parties’ duty to understand their coverage. Mountain Valley Indemnity Company’s insured, Julia Coen, was sued by Norma Moreira for a slip-and-fall at the insured location, 64 West 13th Street, Huntington Station, New York. Mountain Valley Indemnity Co. filed a Declaratory Judgment Action seeking a declaration that it had no obligation to defend or indemnify Ms. Coen in the underlying
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As the cryptocurrency market continues to grow and evolve, insurance companies can profitably insure digital assets by adopting innovative risk assessment methodologies, leveraging blockchain technology for transparency, and developing tailored insurance products that meet the unique needs of cryptocurrency holders and businesses. The rise of cryptocurrency has transformed the financial landscape, presenting both opportunities and challenges. With the market capitalization of cryptocurrencies surpassing $2 trillion, the need for risk management solutions has become increasingly apparent. Insurance companies have historically been slow to adapt to emerging technologies, but the potential for profit in insuring digital assets is significant. Here we explore
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To effectively defend property appraisals for insurance companies, it is crucial to adopt a comprehensive approach that combines accurate data analysis, a clear understanding of appraisal methodologies, and effective communication with stakeholders, thereby ensuring that appraisals are not only justifiable but also serve the best interests of both the insurer and the insured. In the complex world of insurance, property appraisals play a pivotal role in determining coverage and compensation. For insurance companies, successfully defending these appraisals is not merely a matter of adhering to regulatory standards; it is essential for maintaining credibility, reducing financial risk, and fostering trust with
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In a recent decision, the Louisiana Supreme Court answered key legal questions in Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co., underscoring Louisiana’s public policy that protects state courts’ jurisdiction in insurance disputes involving political subdivisions. This ruling impacts public entities and insurance carriers alike, affirming restrictions on arbitration clauses in contracts with Louisiana public bodies. Case Background In the wake of Hurricanes Laura and Delta in 2020, the Police Jury of Calcasieu Parish (“Calcasieu”), a Louisiana political subdivision, sought compensation for extensive damages to over 300 properties insured by a syndicate of insurers both foreign (London Market) and domestic,
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Hurricanes pose a significant threat to life, property, and the economy, particularly in coastal regions. As climate change intensifies the frequency and severity of these storms, insurance companies face mounting pressure to adapt their practices and policies. The traditional model of risk assessment and claims processing is proving inadequate in the face of increasingly unpredictable weather patterns. This essay argues that insurance companies can better deal with hurricanes by enhancing data analytics for risk assessment, promoting proactive mitigation measures, and improving customer engagement and claims processing. To effectively manage the challenges posed by hurricanes, insurance companies must leverage advanced data
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In an unpublished decision, the New Jersey Appellate Division reversed the dismissal of a premises liability lawsuit in Pippis v. PDC 16-20 Hudson Place Realty, LLC, et al. The case centers on whether a missing handrail at the bottom of a staircase, coupled with inadequate lighting, could constitute negligence by a property owner and its tenant, contributing to a slip and fall accident.  Nicolette Pippis, the plaintiff, filed a lawsuit after she slipped and fell while exiting a building owned by PDC 16-20 Hudson Place Realty, LLC. Pippis had just visited MKG Mundial, LLC, a tenant in the building, when
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In a recent unpublished decision, the New Jersey Appellate Division revived a negligence lawsuit filed by Plaintiff Jamie Sterlacci against Wawa Food Market. Sterlacci, who slipped and fell on black ice in Wawa’s parking lot, challenged the trial court’s dismissal of her case. The appellate court ruled that there were enough factual disputes to warrant a trial, particularly on whether Wawa had constructive notice of the hazardous condition.  Sterlacci visited a Wawa store in Rahway, New Jersey, around midnight on February 17, 2021. Although the main roads were clear, remnants of a snowstorm from two days earlier left black ice in the parking
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In Vargas v. Orosco (unpublished), a personal injury case involving a slip and fall on a staircase at a leased property, the Appellate Division of the New Jersey Superior Court remanded the trial court’s grant of summary judgment to the landlords on the basis that a question of material fact existed as to whether the location of the incident was a common area under the landlords’ control or an area in the exclusive control of the tenant. The trial court found that the cause of the plaintiff’s fall was a latent defect unknown to the parties, so no liability could be
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The Appellate Division of New Jersey’s Superior Court recently addressed a case involving insurance liability coverage for personal injuries suffered by a person who lived with the policyholder. Finding that an exclusion in the policy barring liability coverage for a person who lives with  the insured was unambiguous and clearly written, the Court affirmed the trial court’s summary judgment in favor of the insurer. In Iaeck v. Barnaba and Federal Insurance Company (unpublished), plaintiff brought suit after falling down a stairway in the condominium she was living in with defendant Barnaba, who owned the house. Plaintiff had lived with Barnaba
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The Supreme Court-New York addressed a case where an insured sued an insurer after the insurer denied its claim for water damage to a restaurant caused by frozen pipe bursts in sprinkler pipes and domestic water lines. In Arrpei LLC v. Public Service Mutual Insurance Company (“Public Service”), the court granted summary judgment to the insurer on the basis that the policy’s Vacancy and Water Damage Provisions precluded coverage because it was undisputed that the restaurant had been vacant and without heat for several months before the loss. The facts regarding the loss are straightforward. Public Service’s policy contained a
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