In
Certain Underwriters at Lloyd’s London v. Advance Transit Co., a New York appellate court provided valuable clarity into how New York Insurance Law section 3420 applies to claims-made-and-reported insurance policies.
Underwriters issued a claims-made-and-reported liability policy to Advance Transit Co., effective October 30, 2016, to October 30, 2017. The policy provided that if it were renewed, Advance would have an additional 60 days after the expiration of the policy to report a claim to Underwriters. A personal injury claim was made by a third party against Advance during the policy period, but Advance did not report the claim to Underwriters until after the 60-day extension had expired. Underwriters denied coverage and sought a declaratory judgment that it was not liable to indemnify Advance for the personal injury claim asserted against it.
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The New York Supreme Court, Appellate Division has held that, under New York Insurance Law § 3420(a)(5), an insurer had no duty to defend or indemnify a personal injury action where the insured failed to provide notice of the claim during the policy period or extended reporting period, as required by the claims-made-and-reported policy.
Certain Underwriters at Lloyd’s London Subscribing to Policy No. PGIARK01449-05 v. Advance Transit Co., 2020 WL 6731791 (N.Y. App. Div. Nov. 17, 2020).
An insurer issued a claims-made-and-reported policy to a transit company for the policy period of October 30, 2016 to October 30, 2017. The insured was sued in a personal injury action on May 30, 2017. The policy afforded coverage for certain claims made and reported to the insurer during the policy period or the extended reporting period, which was 60 days after expiration of the policy period. The transit company failed to notify the
We ignore the powerless at our own peril, says LBJ biographer Robert Caro.
Robert Caro doesnât want to renew his lease. He tells me this on a cold day in mid-October, as we stand in an elevator bay on the 22nd floor of the Fisk Building on West 57th Street. He has worked in this same office, every day, for the last 26 years. He likes his routine â he dresses to write (this day he was wearing a periwinkle v-neck sweater and a pair of pressed khakis; an informal choice for a man who usually puts on a tie before he writes a single word), walks from his apartment on Central Park West down to Columbus Circle, and takes the same rickety elevator up to the cloistered rectangle of grey carpet and a drab brown desk where he has written the last two orchestral volumes of Lyndon Johnsonâs biography.
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