Frozen Pipes Exclusion and the “Reasonable Care to Maintain Heat” Requirement (NY Law)
Oct. 7, 2026 (by Aaron Jacob, Esq.)
An analysis of how New York courts apply the “reasonable care to maintain heat” requirement in frozen pipe claims, including what counts as reasonable care, utility shutoffs, stricter “do your best” and minimum-temperature provisions, and what to do before winter.
“Two-Family” or “Three-Family”? How New York Courts Count “Units” in Material Misrepresentation Disputes
Oct. 1, 2026 (by Aaron Jacob, Esq.)
An analysis of how New York courts determine whether a home is a two-family or three-family dwelling when an insurer claims the policy application contained a material misrepresentation, including the structural configuration and actual use tests, how the wording of the application question matters, and what to confirm when applying for coverage.
Additional Insured Coverage Part 2: The Duties to Defend and Indemnify, Applicable Policy Conditions/Exclusions, & Ins. Law 3420(d) Considerations
Sept. 30, 2026 (by Aaron Jacob, Esq.)
An analysis of an insurer’s duties to defend and indemnify an additional insured under New York law, including what triggers each duty, the policy conditions and exclusions that can stop coverage, and the requirements Insurance Law § 3420(d) imposes on an insurer when it responds to a tender or denies coverage.
Additional Insured Coverage Part 1: Analysis of Policy Endorsements and Contract Requirements
Sept. 24, 2026 (by Aaron Jacob, Esq.)
An analysis of common additional insured endorsements under New York law, including what a party needs to prove to qualify as an additional insured, what to include in your tender, and what to require up front when drafting the contract.
Appraisals for Partially Covered Insurance Claims (NY & NJ)
Sept. 15, 2026 (by Aaron Jacob, Esq.)
When your insurance claim is covered under your policy, but you and your insurer disagree on the size/extent of the loss, the appraisal process is an effective way to resolve the dispute without going to court. However, when a loss is only partially covered, some insurers may try to avoid the appraisal process on the parts of the loss that are otherwise covered and ripe for appraisal. New York courts have provided useful examples to help distinguish when appraisal is appropriate or premature for these types of claims.