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Case Briefs

By ALM Staff | Law Journal Newsletters |
June 25, 2013

Insurer May Disclaim Coverage Years After Commencement of Underlying Litigation

According to a recent decision by the New York Supreme Court, Appellate Division, an insurer is not necessarily equitably estopped from disclaiming coverage to an insured ' even years after the commencement of underlying litigation ' so long as the insured was not prejudiced by the delay. In 206-208 Main Street Associates, Inc. v. Arch Insurance Company, 2013 WL 1831452 (N.Y. App. Div. May 2, 2013), the plaintiff, doing business as Sutphin Blvd., LLC (“Sutphin”), hired H&H Builders, Inc. (“H&H”) to act as construction manager on a project to construct an office and retail building. H&H procured a CGL insurance policy from defendant Arch naming Sutphin as an additional insured.

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