New York Partner Jennifer Loyd Publishes Article: “Second Circuit Case Rules in Insurance Warranty Case”
Jennifer R. Loyd authored “Second Circuit Rules in Insurance Warranty Case” for the American Bar Association’s Business Torts & Unfair Competition Committee feature “Practice Points” on January 31, 2019. In the article, Jennifer discusses the Second Circuit’s holding in Patriarch Partners, LLC v. Axis Ins. Co., No. 17-3022, 2018 WL 6431024 (2d Cir. Dec. 6, 2018). The Second Circuit’s coverage determination relied upon on the terms of an insurance warranty, rather than the policy, to find no excess coverage for an investment firm’s US Securities and Exchange Commission (SEC) investigation. Therefore, caution should be exercised by insurers and insureds when entering into an insurance warranty, as the terms of such a warranty may impact a court’s coverage determination.
Jennifer Loyd is based in Litchfield Cavo LLP’s New York office. She is an experienced trial attorney with more than 18 years of experience in areas of law that includes general liability, insurance coverage, products liability, professional liability of non-medical and business litigation.