The newest release of New Appleman New York Insurance Law is available on lexis.com as of June 23, 2011. The release contains updates to reflect recent case law and interpretations issued by the Department of Insurance and the Office of General Counsel, as well as recent statutory and regulatory amendments including miscellaneous page revisions to Chapters 30, 31, 32, 33, 37, 38, 39, 40, and 46.
This release also includes a completely rewritten chapter: Chapter 19--Directors' and Officers' Liability Insurance. This chapter describes the nature of D&O coverage generally. Section 19.02 describes the "presumptive indemnification" concept in D&O insurance and state law governing D&O indemnification. Section 19.03 discusses notice requirements, extended reporting periods and an insurer's reservation of rights. Section 19.04 describes differences between "duty to defend" and "indemnity-only" policies, the required time for payment of defense costs, limitations on the insurer's obligation to pay defense costs, allocation of defense costs between covered and non-covered claims and persons and an insured's right to separate counsel. Section 19.05 describes limitations on coverage. Section 19.06 describes an insured's duty to disclose information to the insurer in the application process, the remedies available to an insurer in the event of a misrepresentation and severability issues. Section 19.07 discusses special issues that arise in connection with the bankruptcy of an insured entity.
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