Scott N. Godes on the New York Appellate Division’s Recent Decision Rejecting Allocation to the Policyholder for Latent Injury Claims: State of New York Insurance Department Liquidation Bureau v. Generali Insurance Company
A recent New York Appellate Division decision is a breath of fresh air for policyholders. In State of New York Insurance Department Liquidation Bureau v. Generali Insurance Co., the Appellate Division, First Department, found that insurance companies had to cover all shares of defense and settlement costs related to lead paint claims, and could not pro-rate the costs to the policyholder, even when there were significant periods of time in which the policyholder had no insurance. . . .
Read the rest of the post here, at Lexis’ Insurance Law Center.
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