§Why CasetextPricing

KeySpan Gas East Corporation, Respondent,v.Munich Reinsurance America, Inc. et al., Appellants.

Brief

28 Cited authorities

  1. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,993 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  2. Fundamental Portfolio Advisors v. Tocqueville Asset

    7 N.Y.3d 96 (N.Y. 2006)   Cited 455 times
    Holding contractual requirement of written consent may be waived if knowingly, voluntarily and intentionally abandoned

  3. Bi-Economy v. Harleysville

    2008 N.Y. Slip Op. 1418 (N.Y. 2008)   Cited 335 times   14 Legal Analyses
    Holding that the plaintiff may seek consequential damages for its breach of contract claim

  4. First Financial Ins. Co. v. Jetco Contr.

    1 N.Y.3d 64 (N.Y. 2003)   Cited 316 times
    Holding an unexplained delay of forty-eight days following receipt of a claim notice to be "unreasonable as a matter of law"

  5. Burt Rigid Box v. Travelers Property Cas. Corp.

    302 F.3d 83 (2d Cir. 2002)   Cited 282 times   1 Legal Analyses
    Holding that "estoppel requires a showing of prejudice to the insured"

  6. Argo Corp. v. Gr. New York Mut. Ins.

    4 N.Y.3d 332 (N.Y. 2005)   Cited 230 times
    Holding primary liability insurer need not show prejudice for late notice defense, but noting exceptions to rule, inapplicable here, where insurer received timely notice of occurrence or claim, but late notice of lawsuit

  7. DuPont v. Pressman

    679 A.2d 436 (Del. 1996)   Cited 280 times   3 Legal Analyses
    Holding that "Pressman's claim cannot fit within the public policy category since he does not identify an explicit and recognizable public policy."

  8. Matter of Worcester Insurance Co. v. Bettenhauser

    95 N.Y.2d 185 (N.Y. 2000)   Cited 233 times
    Holding that timely disclaimer was necessary when denial of coverage was predicated on a designated Exclusion

  9. American Home Assurance Co. v. International Ins. Co.

    90 N.Y.2d 433 (N.Y. 1997)   Cited 117 times
    Holding that because the plaintiff's arguments concerned "a pure question of law," "the doctrine of collateral estoppel does not preclude [the plaintiff] from litigating that issue again"

  10. Allstate Ins. Co. v. Gross

    27 N.Y.2d 263 (N.Y. 1970)   Cited 155 times
    Holding untimely disclaimer of coverage based on ground of late notice, issued seven months after insurer's reservation of right to disclaim letter

  11. Section 2601 - Unfair claim settlement practices; penalties

    N.Y. Ins. Law § 2601   Cited 166 times   6 Legal Analyses
    Defining failure to attempt prompt settlement of valid claims as an unfair practice

  12. Section 216.6 - Standards for prompt, fair and equitable settlements

    N.Y. Comp. Codes R. & Regs. tit. 11 § 216.6   Cited 28 times   1 Legal Analyses
    Providing strict guidelines for giving notice of coverage defenses and stating, "[t]he company shall inform the claimant in writing as soon as it is determined that there was no policy in force or that it is disclaiming liability because of a breach of policy provisions by the policyholder [and the company shall] explain its specific reasons for disclaiming coverage"

  13. Section 216.5 - Standards for prompt investigation of claims

    N.Y. Comp. Codes R. & Regs. tit. 11 § 216.5   Cited 4 times   1 Legal Analyses

    (a) (1) Every insurer shall commence an investigation of any claim filed by a claimant, or by a claimant's authorized representative, within 15 business days of receiving notice of claim. An insurer shall furnish to every claimant, or claimant's authorized representative, a notification of all items, statements and forms, if any, which the insurer reasonably believes will be required of the claimant, within 15 business days of receiving notice of the claim. A claim filed with an agent of an insurer

  14. Section 216.4 - Failure to acknowledge pertinent communications

    N.Y. Comp. Codes R. & Regs. tit. 11 § 216.4   Cited 3 times   1 Legal Analyses

    (a) Every insurer, upon notification of a claim, shall, within 15 business days, acknowledge the receipt of such notice. Such acknowledgment may be in writing. If an acknowledgment is made by other means, an appropriate notation shall be made in the claim file of the insurer. Notification given to an agent of an insurer shall be notification to the insurer. If notification is given to an agent of an insurer, such agent may acknowledge receipt of such notice. Unless otherwise provided by law or contract