News & Analysis as of

Declaratory Judgments Insurance Claims Property Damage

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

Tyson & Mendes LLP on

As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Robinson+Cole Construction Law Zone

First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law

In Admiral Insurance Co. v. Tocci Building Corp., 120 F.4th 933 (1st Cir. 2024), the federal Court of Appeals ruled that, under current Massachusetts law, a general contractor’s Commercial General Liability (CGL) policy does...more

Butler Weihmuller Katz Craig LLP

Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

Rivkin Radler LLP on

Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

UB Greensfelder LLP on

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Farrell Fritz, P.C.

“Unnecessary and Inappropriate”: The declaration no one wanted

Farrell Fritz, P.C. on

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more

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