Affirming New York’s long-standing enforcement of insurance policy suit-limitation provisions, the Second Department upheld the dismissal of a group of Lloyd’s of London insurers from a lawsuit seeking payment for damages due to a fire loss at a Long Island restaurant. On January 13, 2008, a fire occurred at the Bayville Lobster House, a property insured by the London syndicates. The insured submitted a claim that was denied because the policy had been cancelled weeks prior to the fire due to late payment of the policy premium. In December 2010, the insured filed a Summons in the Supreme Court, Suffolk
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Archives for Lloyds of London
New Jersey Federal Court Holds Ambiguous Denial Letter Tolls Suit Limitations Provision in Sandy Suit
The United States District Court for the District of New Jersey recently denied summary judgment to an insurer seeking to enforce the one year suit limitations provision of the insurance policy because the insurer’s denial letter failed to clearly disclaim coverage for the insured’s wind damage claim. In Liguori v. Certain Underwriters at Lloyd’s, London Subscribing to Policy #AJD8955, the insured filed suit 19 months after receiving the denial letter. While the insurer argued that the suit was time barred since it was filed more than one year after the denial, the insured maintained that the denial letter was insufficient
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New Jersey Appellate Division Says When Dealing With Discovery Dispute Between Insureds and Insurers Over Privileged Documents, In-Camera Review Must Be Conducted and Discovery as to Breach of Contract and Bad Faith Claim Bifurcated
On July 27, 2015, in Alden Leeds v. QBE Specialty Ins. Co., unpublished, No. A-2034-14T1 (App. 2015), the New Jersey Appellate Division rendered an important decision addressing discovery disputes between insureds and insurers over privileged documents. Alden Leeds involved a coverage dispute with QBE Specialty and Certain Underwriters at Lloyd’s, London over whether a fire that destroyed Alden Leeds’s warehouse was a covered fire loss or an excluded flood loss. Alden Leeds, a manufacturer and seller of pool chemicals, stored chemicals in a warehouse insured by QBE and Underwriters. The warehouse was damaged by fire during Super Storm Sandy. The
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Insurers Challenge Amtrak’s Wind Claims In Sandy Litigation – Read More Here
Insurers Say Amtrak Can’t Force Wind Claims Into Sandy Suit Share us on: By Joe Van Acker Law360, New York (June 30, 2015, 7:37 PM ET) — Excess insurers told a New York federal judge on Tuesday not to undo a recent decision dismissing them from Amtrak’s suit seeking compensation for rail damage caused by Superstorm Sandy, claiming that Amtrak has contradicted itself by trying to shoehorn wind-related claims into its suit. Arch Specialty Insurance Co., Lexington Insurance Co., Steadfast Insurance Co. and others said Amtrak changed course after the court granted their motion for summary judgment by claiming that
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Third Circuit Says No Coverage for Damage Caused By Decomposed Body
In Certain Underwriters at Lloyd’s, London Subscribing to Policy No. SMP3791 v. Creagh, 563 Fed. Appx. 2009 (3d Cir. 2014), a case of first impression, John M. Clark and Georgia S. Foerstner, convinced the United States Court of Appeals for the Third Circuit that coverage for property damage caused by a decomposed body was excluded per the policy’s Microorganism and “Seepage” exclusions. In August 2011, Underwriters’ insured, Williams Creagh, made a claim for property damage in the amount of $180,000 for damage caused by the decomposed body of a tenant. Fluids seeped from the body causing damage to several rooms
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New Jersey Court of Appeals Enforces Lloyd’s Suit Limitations Provision
In Rihanna Corp. v. Certain Underwriters At Lloyd’s of London, App. Div. (per curiam) (14 pp.), the New Jersey Court of Appeals found in favor of Certain Underwriters at Lloyd’s of London and against plaintiffs enforcing the applicable policy’s one year suit limitations provision and concluding that plaintiffs filed their complaint outside of the required one year. Specifically, plaintiffs appealed an order granting defendant Certain Underwriters at Lloyd’s of London summary judgment and an order denying plaintiffs’ motion to amend their complaint. Plaintiffs’ declaratory judgment action against defendant sought payment under a business owner’s insurance policy for an October 3,
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