Top NY Court Mulls Test To Gauge Timely Policy Disclaimers

Law360, New York (January 15, 2014, 3:50 PM EST) -- New York’s high court asked Wednesday if a test could be created to determine when an insurer can properly disclaim coverage even as it seeks witness cooperation, in Country-Wide Insurance Co.’s challenge to a ruling that it owed coverage for a personal injury settlement.

The insurer took its argument to the New York State Court of Appeals after a trial judge found it liable for the limit of a $500,000 policy to fund a $2.55 million judgment in favor of Filippo Gallina, who sued after being...
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