NY Justices Say Insurer Can Escape Some Injury Award Costs

Law360 (November 24, 2020, 10:20 PM EST) -- New York's highest court on Tuesday upheld a lower court's ruling that an AIG unit is liable for $1.3 million in excess damages plus certain interest on a construction worker's $2.7 million personal injury win, saying the excess insurer is not liable for interest that would have been paid by the primary insurer under a now-voided policy.

Court of Appeals Chief Judge Janet DiFiore, writing for the majority in the split decision, rejected Jin Ming Chen's argument that under the terms of an excess policy Insurance Co. of the State of Pennsylvania had with Chen's employer, the excess insurer was liable...

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