2nd Circuit Court of Appeals News

Because ‘Location’ Is Ambiguous in Marine Cargo Policy, Travelers Must Pay Fire Loss

A New York-based apparel company is entitled to its claim for the full $600,000 limit on its marine cargo insurance policy because the policy was ambiguous as to whether a warehouse fire that destroyed its goods was at an approved …

New York Law Bars Subrogation by Lloyd’s in LaGuardia Project, Appeals Court Affirms

A federal appeals court has declared that New York law prevents Lloyd’s from recovering some loss payments from Zurich American because Zurich’s insured was also an insured of Lloyd’s in a case involving a construction project at LaGuardia Airport. The …

Ruling Clears Way for Purdue Pharma to Settle Opioid Claims, Protect Sacklers

A federal court ruling cleared the way Tuesday for OxyContin maker Purdue Pharma’s settlement of thousands of legal claims over the toll of opioids. Under the plan approved by the 2nd U.S. Circuit Court of Appeals in New York, members …

2nd Circuit: Evidence Insufficient to Support Insurer’s Subrogation Suit

Circumstantial evidence suggesting a fire that damaged four buildings in the Queens neighborhood of New York City was caused by improper use of extension cords was not enough to allow an insurer to proceed with a subrogation lawsuit, a federal …

UBS Whistle-Blower Retaliation Win Overturned on Appeal

A federal appeals court in New York vacated a jury verdict in favor of a former UBS AG senior strategist who claimed he was illegally fired in 2012 for refusing to sugarcoat his reports for clients. Trevor Murray’s 2017 trial …

Two More Circuit Courts Reject COVID-19 Business-Interruption Claims

The 2nd Circuit Court of Appeals ruled Monday that the coronavirus did not cause a direct physical damage or loss to a New York City art gallery — issuing the latest in a long series of defeats for policyholders seeking …

Reinsurers Not Liable for Defense Costs Exceeding Policy Limits

Two reinsurers that shared part of the risk on a $25 million umbrella policy issued to a New York manufacturer nearly five decades ago are not liable for defense costs in addition to the policy limits, the 2nd Circuit Court …

2nd Circuit: Insurer Must Pay for Merchandise Lost in Warehouse’s Bankruptcy Sale

Chubb’s Federal Insurance Co. must pay more than $2 million to a fabric company that lost 22 trailer loads of merchandise when the Mississippi warehouse company that stored it filed for bankruptcy, sold the goods and pocketed the proceeds. A …

Labor Dept. Offers Overtime Guidance to Employers With Remote Workers

The U.S. Labor Department is reminding employers that they must make a reasonable effort to keep track of all hours worked by non-exempt employees — even those working varied hours from home due to the COVID-19 pandemic. The department’s Wage …

2nd Circuit Throws Out $64 Million Jury Award Against Fireman’s Fund

A federal appellate court on Tuesday overturned a jury’s award of $64 million against Fireman’s Fund Insurance Co. for allegedly breaching the terms of a reinsurance agreement. The 2nd Circuit Court of Appeals found that Fireman’s Fund was not liable …