HNRK Coverage Corner
Posts in Unfair Claims Settlement Practices.
On November 8, 2017, the Second Circuit issued a decision in Nick's Garage, Inc. v. Progressive Casualty Ins., Case No. 15-1426-cv, holding that Section 2601(a) of the New York Insurance Law, which prohibits insurers from "engag[ing] in unfair claim settlement practices," but provides no private right of action, does not preempt a claim against an insurer for "deceptive acts or practices" under Section 349 of the General Business Law.
In Nick's Garage, a car repair shop (the "Garage") brought suit against an automobile insurer as assignee of certain claims for repairs to damaged ...
Search Blog
Recent Posts
- Hawaii Supreme Court Holds That Insurers May Not Recoup Defense Costs for Uncovered Claims Absent Express Policy Provision for Reimbursement
- Is Carbon a “Pollutant”? — The Supreme Courts of Alaska and Hawaii Receive Certified Questions Regarding Scope of Pollution Exclusions in Liability Policies
- Court Rules That D&O Policy’s “Bump-Up” Exclusion Does Not Apply to Merger Transaction
- Eleventh Circuit Rules Insurer Cannot Recoup Defense Costs Under Duty to Defend Policy
- Federal Court Declines to Exercise Jurisdiction Over Insurer’s Declaratory Judgment Action That Raised “Novel Issue of Ohio Insurance Law”
- Bankruptcy Court Lifts Automatic Stay to Permit Officers of Silicon Valley Bank to Access D&O Coverage
- E&O Policy Exclusion Bars Coverage for Negligence Claim Against Law Firm Arising from Third Party’s Misappropriation of Client’s Funds
- New Jersey Appellate Court Holds That Policy’s War Exclusion Did Not Apply to State-Sponsored Cyberattack
- New York Court Discusses Appellate Division Split Over Recoupment of Defense Costs Under a Duty to Defend Policy
- Delaware Law Governs D&O Policy Issued to Delaware Corporation Doing Business Outside the State
Popular Categories
- Insurance Coverage
- Duty to Defend
- Policy Exclusions
- D&O Policies
- CGL Policies
- Occurrence/Accident
- Additional Insured Endorsement
- E&O Policies
- Business Interruption Coverage
- Cyber Coverage
- Pollution Exclusion
- Construction
- Bad Faith Claims Handling
- COVID-19
- Indemnification and Advancement
- Damages
- Duty to Cooperate
- Advertising Injury
- Excess Insurance
- Rules of Interpretation
- Personal and Advertising Injury
- Related Claims
- Insurance Brokers
- Confict of Laws
- Discovery/Disclosure
- Appraisal
- Covered Loss
- Attorney Fees
- Assignment of Claims
- Disability discrimination
- Implied Covenant of Good Faith and Fair Dealing
- Notice
- Privilege/Work Product
- Priority of Coverage
- Intellectual Property
- Contracts
- Professional Malpractice
- Rescission
- Intervention/Joinder
- Subrogation
- Settlements
- General Business Law
- Unfair Claims Settlement Practices
Archives
- November 2023
- September 2023
- August 2023
- June 2023
- May 2023
- April 2023
- March 2023
- January 2023
- December 2022
- September 2022
- May 2022
- April 2022
- March 2022
- November 2021
- June 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018