Lightening the load: New York Appellate Division rejects heightened pleading standard for policyholders seeking Bi-Economy Market consequential damages

By Ann Kramer, Paul Breene, John Berringer, Rich Lewis & Anthony B. Crawford

February 1, 2019

In a recent unanimous decision, the Appellate Division First Department provided clarity on the pleading requirements for policyholders seeking special or consequential damages allowed under the landmark decision of Bi-Economy Market v. Harleysville Insurance Company of New York, 856 N.Y.S.2d 505 (N.Y., Feb. 19, 2008). Under Bi-Economy, policyholders may seek special or consequential damages resulting from an insurance company’s failure to provide coverage if such damages were foreseen or should have been foreseen when the…

The Policyholder Perspective

‘Sorry, But You Have Nothing in Common’: The New York Court of Appeals’ Recent Rejection of the ‘Common Interest Doctrine’ Outside the Context of Litigation

By Jay M. Levin, Ann Kramer, Andy Moss, Anthony B. Crawford, Patrick T. Rowe & Ryan A. Green

June 22, 2016

The New York Court of Appeals, the state’s highest court, recently rejected an attempt to apply the “common interest doctrine,” an exception to the general rule that communicating privileged information to a third party waives the attorney-client privilege, to situations where separately represented parties communicate attorney-client privileged information in connection with transactions or other circumstances other than in anticipation of litigation. Ambac Assur. Corp. v. Countrywide Home Loans, Inc., No. 80, 2016 WL 3188989 (N.Y.…

The Policyholder Perspective

Harmonizing Risk Transfer: Avoiding Pitfalls With Additional Insured Provisions

By Kevin Dreher, Ann Kramer & Anthony B. Crawford

February 5, 2015

Insurance requirements in commercial agreements and corresponding additional insured provisions in insurance policies are important tools to manage and transfer risks. However, far too often those efforts are thwarted by inattention and, in some cases, sloppiness. As exemplified by the disastrous outcome for the contracting parties in Cincinnati Insurance Company v. Vita Food Products, Inc., No. 13 C 05181 (E.D. Ill. January 30, 2015), there are many pitfalls to successfully transfer risk and secure additional…

The Policyholder Perspective

The End of the Snow Is Still Not the End of the Problems For the Buffalo, NY Area

By Anthony B. Crawford

November 25, 2014

This post was written by John Ellison, Rich Lewis and Anthony Crawford. The Buffalo, New York area has been devastated with record level snowfalls causing widespread damage. Now that the snow has stopped falling, warmer weather and potentially heavy rainfall may cause flooding and will likely exacerbate the losses being experienced. This will complicate insurance claims because policyholders will inevitably face pushback from insurance companies regarding the extent of damage from the snowstorms…

Anthony B. Crawford

Lightening the load: New York Appellate Division rejects heightened pleading standard for policyholders seeking Bi-Economy Market consequential damages

‘Sorry, But You Have Nothing in Common’: The New York Court of Appeals’ Recent Rejection of the ‘Common Interest Doctrine’ Outside the Context of Litigation

Harmonizing Risk Transfer: Avoiding Pitfalls With Additional Insured Provisions

The End of the Snow Is Still Not the End of the Problems For the Buffalo, NY Area

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