On August 13, 2025, the Second Department issued a decision in Spa Castle, Inc. v. Choice Agency Corp., 2025 NY Slip Op. 04676, holding that an insurance broker did not have a continuing duty to advise a client on appropriate coverage . . . Continue reading Insurance Broker Did Not Have Continuing Duty to Advise Client on Appropriate Coverage
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
On March 16, 2023, the First Department issued a decision in Florence Capital Advisors, LLC v. Thompson Flanagan & Co., LLC, 2023 NY Slip Op. 01358, holding that an insurance broker can be held liable for negligently failing to obtain coverage . . . Continue reading Broker Can Be Held Liable for Negligently Failing to Obtain Coverage
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
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
On April 7, 2022, the First Department issued a decision in Consolidated Rest. Operations, Inc. v. Westport Ins. Corp., 2022 NY Slip Op. 02336, rejecting a pandemic property damage coverage claim . . . Continue reading First Department Rejects Pandemic Property Damage Coverage Claim
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
On December 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Gemini Ins. Co. v. Golden Ins. Co., 2021 NY Slip Op. 32597(U), holding that an insurance policy did not need to be signed to be in effect . . . Continue reading Insurance Policy Did Not Need to be Signed to be In Effect
