Kevin Szczepanski, partner and co-leader of the firm’s Cybersecurity Team, had his “Welcome Clarity: The Priority of Coverage in Construction-Accident Cases” expert analysis article published in the November 14, 2022, edition of the New York Law Journal. Kevin’s article explores the First Department’s decision in Bosquez v. RXR Realty, which clarifies the roles of employers-liability (EL) and excess carriers in a case involving a “grave injury.”
“. . . in cases involving a ‘grave injury,’ excess policies will not cover the employer when (1) they apply only after exhaustion of all underlying insurance and (2) the employer’s underlying EL insurance is inexhaustible. . . . The critical takeaway is that an excess policy is a contract that must be given its plain meaning. Its terms cannot be changed after a loss to suit the parties’ interests.”
Click here to read the full article.