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Risk and Recovery: Legal Insights for the Insured

Category Archives: Denial of Coverage

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Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

Posted in Denial of Coverage

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery.  Generally speaking, a broker owes its client the duty to procure the scope of coverage requested.  When a broker fails to do so, it may be liable for any gap in its client’s coverage.  The Mississippi Supreme… Continue Reading

New York’s High Court Holds That An Insurer’s Delay in Disclaiming Coverage Could Be Excused When The Delay Resulted From Unsuccessful Attempts To Secure The Policyholder’s Cooperation

Posted in Denial of Coverage

Until recently, New York’s Insurance Law presented something of a dilemma for insurance companies concerning how quickly they were required to inform their policyholders that they were denying coverage for a claim.  On the one hand, the law requires insurers to inform them “as soon as is reasonably possible” when disclaiming coverage for certain types… Continue Reading