Law360, New York ( August 25, 2014, 2:16 PM EDT) -- Insurance carriers are generally careful about reserving rights under insurance policies to avoid scenarios where a policyholder can claim that defenses to coverage have been waived. In some circumstances, however, the mere passage of time alone may extinguish a viable coverage defense, no matter how meticulous the carrier is about reserving its rights. For policies construed under New York law, the nature of the claim — and specifically whether it involves death or bodily injury — may make all the difference....
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