Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska
Choice of Forum/Forum Non Conveniens / Commercial Case Notes / Insurance

Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

On April 17, 2024, the Second Department issued a decision in Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc., 2024 NY Slip Op. 02032, refusing to enforce a forum selection clause requiring a challenge to an insurance policy under New York law to be heard in Nebraska . . . Continue reading Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

Insurance Claim Barred By Failure to Give Notice of Claim As Soon As Practicable
Commercial Case Notes / Insurance

Insurance Claim Barred By Failure to Give Notice of Claim As Soon As Practicable

On February 14, 2023, the First Department issued a decision in Menlo Energy Fla., LLC v. Certain Underwriters at Lloyds London, 2023 NY Slip Op. 00817, holding that an insurance claim was barred because of the insured’s failure to give notice of the claim as soon as practicable . . . Continue reading Insurance Claim Barred By Failure to Give Notice of Claim As Soon As Practicable

Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience
Commercial Case Notes / Contracts / Insurance

Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience

On March 15, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2022 NY Slip Op 30861(U), allowing the addition of a claim for reformation based on allegations of the insured’s inexperience . . . Continue reading Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience

Insurance Policy Provision That did not Comply with Insurance Law § 3404 is Unenforceable
Commercial Case Notes / Insurance

Insurance Policy Provision That did not Comply with Insurance Law § 3404 is Unenforceable

On January 3, 2022, Justice Walker of the Eighth Judicial District Commercial Division issued a decision in Niagara BYG Capital, LLC v. Leatherstocking Coop. Ins. Co., 2022 NY Slip Op. 22015, an insurance policy provision that did not comply with Insurance Law § 3404 was unenforceable . . . Continue reading Insurance Policy Provision That did not Comply with Insurance Law § 3404 is Unenforceable