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March 21, 2014

Press Release
John G. O'Neill, Regina E. Roman

Sugarman Rogers insurer-client wins coverage dispute, avoiding reach of New York notice statute

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Sugarman Rogers partners Regina Roman and John O’Neill recently secured a summary judgment win for an insurer-client in a dispute over the insured’s failure to timely report an international arbitration claim seeking 18 million euros for breach of a wind-turbine technology-licensing agreement.

The insured sought protection from a recently enacted New York statute that requires an insurer to show it was prejudiced by such a delay before denying coverage. But the court agreed with Sugarman Rogers that although the policies were initially sent to a broker in Manhattan, they were not “issued or delivered” in New York within the meaning of the statute. Massachusetts law therefore applied, and the insured’s untimely report of the claim rightly barred coverage.

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