NY Insurers May Benefit From Lower Disclaimer Standard

Law360, New York ( July 17, 2014, 10:56 AM EDT) -- Recently, the New York Court of Appeals ruled on whether the statutory requirement for issuing timely disclaimers applied to environmental claims and whether insurers effectively waived their late notice defenses in failing to issue the disclaimer sooner. In ruling that the heightened standard for issuing a disclaimer under New York's Insurance Law did not apply to the subject claims, New York's highest court confirmed that the "as soon as reasonably possible" requirement contained in the statute was limited to bodily injury and death claims, as opposed to property damage or environmental claims. However, practitioners should be mindful of the potential for waiver or estoppel under the common law if it is perceived that the insurer abandoned its defense....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!