De Lege Lata
A blog devoted to “the law as it exists” and the practical consequences of judicial decisions
The good, the bad and the funny
Orson Wells"Everything bad that has ever happened to me has been caused by agents or lawyers."
Benjamin Franklin"God works wonders now and then: Behold! A lawyer and an honest man!"
Charles Dickens"If there were no bad people, there would be no good lawyers."
Q: How many lawyer jokes are there? A: Only three. The rest are true stories.
A man in an interrogation room says “I’m not saying a word without my lawyer present.” "You are the lawyer." said the policeman. "Exactly, so where’s my present?" replied the lawyer.
New York State Court Rules that Business Interruption Claims due to Government-mandated Closures are Not Covered by Property Insurance
For nearly a year, Covid-19 Business Interruption lawsuits have been at the forefront of the insurance industry. Insurers, businesses, and their counsel have closely watched as courts across the country considered whether business interruption claims due to government-mandated closures are covered by property insurance. Now, New York State Court has finally weighed in, ruling that such claims are entirely outside the coverage grant – even where a property policy does not contain a virus exclusion.
Not only was the defendant insurer precluded from deducting prior payments made to the insured toward the claim, the insurer also faces the potential of extra-contractual damages.
New York Courts Beginning to Define “Substantial Business Presence”, Triggering Out-of-State Insurers’ Duty to Comply with N.Y. Ins. Law §3420
Out-of-state insurers confronted with an argument that a disclaimer was late under New York Ins. Law 3420(d)(2) were quick, and right, to look to the statutory requirement that the policy be “issued for delivery” to avoid the consequences of failing to timely disclaim coverage. However, that language was changed to “issued or delivered” in 2008.