Mar 14, 2019

New York Court Recognizes Limits on Duty to Defend

The Firm recently obtained summary judgment declaring that our insurance company client had no duty to defend a putative additional insured with respect to an underlying personal injury action. Arch Specialty Insurance Company v. RLI Insurance Company, Index No. 714076/2017 (Sup. Ct., Queens County). The court accepted our argument that, while the duty to defend is based generally on the allegations in an underlying complaint, a putative insured bears the burden of establishing that it qualifies as insured under the policy in the first instance.

Partners Joseph D’Ambrosio and John Mattoon worked on this matter.