Steven Plitt, Expert Witness Steven Plitt, Expert Witness
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide

February 2017 Archives

NEW YORK APPELLATE COURT REJECTS THE CREATION OF AN UNAVAILABILITY EXCEPTION TO NEW YORK'S RULE REQUIRING UNINSURED PERIODS TO BE ALLOCATED TO THE INSURED IN CONTINUOUS AND PROGRESS LOSS CASES

New York law requires insurance companies to allocate continuous, progressive losses on a pro rata basis among all triggered policies based upon a time-on-the-risk allocation model. The New York Appellate Court recently rejected an invitation to create an unavailability exception to the allocation rule so that insurers were not required to indemnify the insured for periods when liability insurance was unavailable in the marketplace. 

Four Corners Rule Upheld in WI Supreme Court Case

The Wisconsin Supreme Court, in a split decision, reaffirmed the "four corners" rule governing a liability insurance company's duty to defend. The High Court confirmed that under Wisconsin law there were no exceptions to the rule that extrinsic evidence cannot create a duty to defend.

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