Court of Appeals Rules: Specific Contract Language Governs Reinsurance Liability Cap

The issue that has recently plagued the insurance world is the question of whether New York State law requires in its insurance contracts a rule of construction or presumption regarding the contract’s liability limitations and caps on the reinsurance available to cover defense costs. Continue reading “Court of Appeals Rules: Specific Contract Language Governs Reinsurance Liability Cap”

Comparative Fault in the Context of a Motion for Summary Judgment in Liability Claims

The Appellate Division, First Department of New York State recently determined that an individual must make a prima facie showing of freedom from comparative fault in order to obtain summary judgment on the issue of liability. The decision by the Appellate Division now aligns with the Second Department, and finally sets the standard for the trial courts within the department which were issuing conflicting decisions on the subject.

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