Outside CounselBenjamin Zelermyer and Jeffrey G. Steinberg, New York Law Journal
Special Interrogatories in Coverage Disputes: How to Pop the Question
Benjamin Zelermyer and Jeffrey G. Steinberg write that neither a plaintiff nor an insured defendant may be eager to ask the trial court to submit special questions to the jury, prefering to leave the basis of a potential verdict for the plaintiff uncertain, placing the burden on the insurer. However, despite the obvious utility of special interrogatories, insurers rarely move to intervene and courts in New York often refuse to permit intervention.
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