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Article

Locke Lord LLP | USA | 30 Jul 2009

OGC opinion: third party may not bring direct action against insurer in foreign jurisdiction pursuant to new Insurance Law 3420

The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law 3420, which we have closely followed and written about in this blog.

Article

Locke Lord LLP | USA | 30 Jul 2009

OGC opinion: Insurance Law 3420 also applies to policies issued in NY but delivered out of state

The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law 3420, which we have closely followed and written about in this blog.

Article

Locke Lord LLP | USA | 30 Jul 2009

OGC opinion: new prejudice rule set forth in Insurance Law 3420 may also be incorporated in non-liability policies at insurer's option

The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law 3420, which we have closely followed and written about in this blog.

Article

Locke Lord LLP | USA | 30 Jul 2009

OGC opinion: Insurance Law 3420 also applies to claims-made policies

The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law 3420, which we have closely followed and written about in this blog.

Article

Locke Lord LLP | USA | 17 Feb 2009

NY Insurance Department issues OGC opinion answering questions regarding NY's late notice statute

The New York Insurance Department issued OGC Opinion No. 09-01-05 addressing several questions posed with respect to Chapter 388 of the Laws of 2008 (generally referred in this blog as the late notice Legislation), and the discussion of the Legislation in the Insurance Department's Circular Letter 26 (Nov. 18 2008).

Article

Locke Lord LLP | USA | 16 Jan 2009

New York Insurance Department issues circular letter regarding late notice legislation, which takes effect on January 17, 2009

“All liability policies” issued or delivered in New York on or after January 17, 2009 will be subject to the recent Legislation promulgated under Chapter 388 of the Laws of 2008 (the “Legislation”).

Article

Locke Lord LLP | USA | 8 Dec 2008

New York Insurance Department issues Circular Letter summarizing late notice legislation and advising insurers to promptly revise and file policy forms conforming with new requirements

The New York Insurance Department has now issued Circular Letter No. 26 (2008) dated November 18, 2008 to remind liability insurers writing propertycasualty policies of the changes resulting from the new law, which takes effect on January 17, 2009, and also to clarify certain aspects of the Legislation.

Article

Eversheds Sutherland (US) LLP | USA | 10 Jul 2008

Antitrust title insurance

On June 25, 2008, a New Mexico federal district court in Murphy v. Fidelity National Title Insurance Company (No. Civ. 06-441-WFDDJS) entered final judgment on its previous dismissal with prejudice of a putative class action lawsuit filed against three Sutherland clients, Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation and Transnation Title Insurance Company, other title underwriters and various state defendants.

Article

Locke Lord LLP | USA | 28 Nov 2007

New York remains a no-prejudice state... for now

In late June, as previously reported here, both houses of the New York state legislature passed a bill proposing to reverse New York's longstanding "no-prejudice rule," which provides that an insurer need not establish prejudice in order to disclaim coverage on late notice grounds.

Article

Locke Lord LLP | USA | 10 Sep 2007

New York remains a no-prejudice state... for now

In late June, both houses of the New York State Legislature passed Bill number S.6306 proposing to reverse New York’s longstanding “no-prejudice rule,” which provides that an insurer need not prove prejudice in order to disclaim coverage on late notice grounds.

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