Fraudulent Inducement, Merger Clauses and Duplication
- Oct 23 2023
By: Jeffrey M. Haber A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) …
Category: Declaratory Judgment
Court Denies Motion to Dismiss Contractual Indemnification and Contribution Claims But Grants Motion With Regard to Equitable Indemnification Claim
- Apr 20 2020
It has been some time since this Blog examined claims for indemnification and contribution (See, e.g., here and here). In today’s post, we get the opportunity to examine these principles …
The Appellate Division, Fourth Department, Addresses The Distinction Between An Insurer’s Duty To Defend And Its Duty To Indemnify
- Aug 2 2019
Insurance policies typically provide that the insurer will “defend” its insured in the event of a lawsuit and “indemnify” its insured against liability resulting therefrom. The insurer’s duty to defend, …
Appellate Division, Second Department, Holds that an Insurer Cannot Retroactively Reform Insurance Policy After Loss
- Jul 19 2019
McGuckin v. Privilege Underwriters Reciprocal Exch. was decided by the Appellate Division, Second Department, on July 17, 2019. The facts of McGuckin, at least from the Second Department’s decision, seem …
