Outside CounselCostantino P. Suriano and Daniel Markewich, New York Law Journal
Judgment Is Within Policy Limits But Insurer Believes Part Is Outside Coverage
Costantino P. Suriano and Daniel Markewich consider a hypothetical lawsuit that a New York liability insurer has defended where the judgment does not exceed the policy limits but the insurer has a sound basis for asserting that part of the judgment is excluded from coverage. Can the insurer obtain a stay of enforcement pending appeal without court order only by filing an undertaking pursuant to CPLR 5519(a)(2) in the full amount of the judgment against the insured, including that portion as to which coverage is disputed?
This premium content is reserved for New York Law Journal subscribers.
Continue reading by getting started with a subscription.
Already a subscriber? Log in now