U.S. District Judge Lewis J. Liman of the Southern District of New York said a director-and-officer liability policy required that defense costs be paid directly to counsel and did not constitute a debt that could be attached as a property interest under New York civil practice rules.
Switzerland's largest insurance company was also working with investigators amid an ongoing investigation, and agreed to take "remedial" measures to ensure future compliance with U.S. tax law, prosecutors said.
The panel held that Philadelphia Indemnity Insurance Co.'s vague refusal to cover Yeshivat Beth Hillel of Krasna under a general liability insurance policy did not comport with New York law requiring a "high degree of specificity" regarding such determinations.
The ruling, from Justice Timothy S. Driscoll of the Supreme Court's Commercial Division, was the first written decision by a New York state court to address COVID-19 coverage in an insurance dispute, an attorney for one of the defendants said.
Jerome Block, a partner with Levy Konigsberg who represented the plaintiffs at trial, said Friday his clients were satisfied with the outcome and "look forward to moving this case toward completion." The adjustment took down the ratio of punitive damages to compensatory damages.
The decision, from a three-judge panel of the Manhattan-based appeals court, wiped out a 2017 verdict by a federal jury in the Northern District of New York.
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