It turned out to be a difficult question to answer, as this was the first demutualization case of its kind in New York State, and the Appellate Division was of different minds on the matter. Now, however, there are signs that a consensus might be reached, perhaps even by the Court of Appeals.
COVID-19 raises insurance coverage issues that are likely to end up in the courts for years to come. How should those cases should be drafted, interpreted and adjudicated?
Businesses should review their policy language carefully and consider consulting with coverage counsel who are well-versed on the cutting-edge legal issues. Time is of the essence.
Many in the construction industry may be concerned with the widespread effects of COVID-19 as it relates to fulfilling their contractual duties and obligations. In this new environment, force majeure clauses (French for “superior force”) will bear heightened scrutiny. Pursuant to Governor Andrew M. Cuomo’s “New York State on PAUSE” Executive Order No. 202.6, New … Continued
A publication of the Construction & Surety Law Division of the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.
A publication of the Torts, Insurance & Compensation Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.