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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/aliliabil9926 and id is 1 raw text is: 





                        LIABILITY INSURANCE



             CHAPTER 1. BASIC LIABILITY INSURANCE CONTRACT RULES

                             TOPIC   2. WAIVER AND ESTOPPEL

§ 5. Waiver

N.Y.2019. Cit. in diss. op. General contractor sued subcontractor's insurer, alleging that insurer was
obligated to defend and indemnify it, as an additional insured, against a personal-injury action filed
against it by subcontractor's employee, because insurer's disclaimer of liability was untimely and thus
void under a state statute that required insurers to promptly disclose coverage. The trial court granted
summary  judgment for insurer, finding that the disclosure provision-which required insurers to
confirm the existence of a liability policy and to specify its coverage limits-was distinct from the
provision mandating timely disclaimer of liability and denial of coverage. The court of appeals and this
court affirmed. The dissent cited Restatement of Liability Insurance §§ 5 and 6 in arguing that the
majority's reading of the statute rendered it meaningless, because it was of no help to policyholders or
victims to know that a policy existed with a maximum coverage limit until an insurer disclosed whether
their claims were covered by the policy. Nadkos, Inc. v. Preferred Contractors Insurance Company Risk
Retention Group LLC,  132 N.E.3d 568, 580, 584.

§ 6. Estoppel

N.Y.2019. Cit. in diss. op. General contractor sued subcontractor's insurer, alleging that insurer was
obligated to defend and indemnify it, as an additional insured, against a personal-injury action filed
against it by subcontractor's employee, because insurer's disclaimer of liability was untimely and thus
void under a state statute that required insurers to promptly disclose coverage. The trial court granted
summary  judgment for insurer, finding that the disclosure provision-which required insurers to
confirm the existence of a liability policy and to specify its coverage limits-was distinct from the
provision mandating timely disclaimer of liability and denial of coverage. The court of appeals and this
court affirmed. The dissent cited Restatement of Liability Insurance §§ 5 and 6 in arguing that the
majority's reading of the statute rendered it meaningless, because it was of no help to policyholders or
victims to know that a policy existed with a maximum coverage limit until an insurer disclosed whether
their claims were covered by the policy. Nadkos, Inc. v. Preferred Contractors Insurance Company Risk
Retention Group LLC,  132 N.E.3d 568, 580, 584.



     CHAPTER 2. MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS

                                      TOPIC   1. DEFENSE

§ 13. Conditions Under Which  the Insurer Must  Defend



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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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