Sugarman News & Articles


Insurance Coverage Matters

Kevin R. Van Duser presented at the New York State Bar Association’s CLE seminar entitled Labor Law Claims, Coverage & Litigation. The topics presented on included: Additional Insured Endorsements & Coverage; Priority of Insurance in New York; Contractual Indemnification; Insurance Coverage for Contractual Indemnification Obligations; and, Pursuing 1B Coverage.
Kevin Van Duser recently attended the Defense Research Institute’s (DRI) annual Insurance Coverage and Practice Symposium, a three day conference held in New York City attended by lawyers from around the country. Throughout the conference, Mr. Van Duser participated in discussions on many insurance coverage topics including: Top 10 Insurance Coverage Decisions of 2016; An Insurer’s Duty to Settle; First Party Bad Faith; Insurance Coverage for Municipalities; Liability Insurance; Duty to Defend; Primary Versus Excess Disputes; and, International Claims.
Kevin Van Duser recently attended the Defense Research Institute’s (DRI) annual Insurance Coverage and Practice Symposium, a three day conference held in New York City attended by lawyers from around the country. Throughout the conference, Mr. Van Duser participated in discussions on many insurance coverage topics including Fundamental Concepts, Emerging Issues, and Trends in the Duty to Defend; Discovery in Coverage and Bad Faith Litigation; Coverage Issues Arising from Cyber Security Breaches; Coverage Issues Arising from Emerging Technologies; Best Practices in Presenting a Claims Ha...


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By Kevin R. Van Duser, Esq.

 

An insurance company’s duty under New York Law is to act in good faith. Pavia v. State Farm, 82 NY2d 445,452. Good faith has been defined as an adequate protection of the interests of the insured. Smoral v. Hanover Ins. Co., 37 AD2d 23. But, what then is “bad faith”? And when is it bad faith to refuse to defend an insured? Or to refuse to settle a case? This article provides a basic overview of the law on bad faith in New York.


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