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Insurance Litigation in New York: Updates & Strategies 2024

Master essential insurance law precedents, statutes, and practical tactics for New York civil litigation.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025

What You'll Learn

  • check_circleUnderstand the implications of recent case law on disclaimer timeliness and its impact on coverage disputes.
  • check_circleAnalyze the duty to defend in complex scenarios involving additional insureds and policy exclusions.
  • check_circleEvaluate the legal standards and documentation needed to support rescission of insurance policies.
  • check_circleDevelop strategies for addressing and defending against bad faith claims.

About This Course

This course provides a detailed overview of critical updates and strategies in insurance litigation under New York law. Participants will explore topics such as disclaimer timeliness, duty to defend, bad faith claims, and complex issues like rescission and late notice. Designed for civil litigators, this course emphasizes practical application, leveraging recent case law to enhance litigation outcomes and navigate insurance disputes effectively.

Topics List

  • Timeliness of disclaimers under Insurance Law § 3420(d)
  • Duty to defend: Policyholder and additional insured perspectives
  • Rescission of insurance policies: Material misrepresentation standards
  • Bad faith claims: Limitations and legal strategies
  • Late notice and material prejudice in insurance claims
  • Ambiguity in insurance policy terms and construction against drafters

Course Content

1 activity • 1 videos • duration: 1h 24m

  • videocamInsurance Litigation in New York: Updates & Strategies 2024
    Duration 84:59

Your Instructors

NYS Academy of Trial Lawyers

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star626 reviews

The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Rosa Feeney, Esq.

Partner and Chair of the Insurance and Risk Division at Smiley & Smiley, LLP

She has been in private practice for over 30 years with a focus on policyholder and plaintiff insurance coverage matters. This is her first year as Insurance Presenter for the Academy's Annual Update. She received her JD from Benjamin N. Cardozo School of Law and her BS from St. John's University. Offers free one-on-one sessions through the Mentor Program at Smiley & Smiley with other attorneys, insurance brokers, property owners, construction industry professionals, and more.

Sim Shapiro, Esq.

Founding Partner of Strikowsky Drachman & Shapiro, PLLC

Sim R. Shapiro is one of the founding partners of Strikowsky Drachman & Shapiro, PLLC, a firm concentrating in insurance coverage and defense litigation. He regularly litigates high-exposure claims to verdict in areas such as labor law, premises liability, and product liability. He is equally adept in handling insurance coverage, risk transfer, and bad faith matters. He has also briefed and argued over 150 appeals, including the landmark New York Court of Appeals case of Boles v. The Dormer Giant, Inc., 4 N.Y.3d 235 (2005). Sim’s unique skill set has enabled him to regularly serve as counsel representing primary and excess insurers’ interests at trials involving their insureds.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

What Students Are Saying

5.0 out of 5
Student's Choice
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Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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