On Nov. 20, 2017, New York's highest court dramatically expanded the breadth of New York Insurance Law §3420. Carlson v. American International Group, 2017 NY Slip Op 08163 (2017).
That section establishes the minimum requirements for liability insurance policies in the state.
For liability policies that do not include required provisions, at least as favorable to insureds and injured parties, the statute deems provisions into the policies. The Court of Appeals held that it not only applied to policies that were issued to New York insureds or by New York insurers but also to insureds that have a presence in New York and create risks in New York.
|N.Y. disclaimer requirements
Out-of-state insurers must take heed. If they issue policies to companies (and perhaps individuals) who have a presence in New York (operate a business, for example), New York disclaimer requirements will apply to that policy and that insurer, even if the policy were issued by an out-of-state insurer to an insured whose home office was located outside of New York.
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