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Expert Analysis

NY Slams Door On 'Unavailability Of Insurance' Exception

By  Scott Seaman (March 28, 2018, 3:24 PM EDT) -- The New York Court of Appeals delivered a significant victory to insurers in the latest battle in the long-tail insurance coverage wars. On March 27, the New York Court of Appeals issued a unanimous decision in the KeySpan case rejecting the so-called "unavailability of insurance" exception to the general rule that policyholders are responsible for periods of time that insurance is unavailable for purchase in the marketplace under a pro rata allocation. This victory comes on the heels of what most consider to be a policyholder victory before the New York Court of Appeals in the Viking Pump case.[1]...

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