Guy J. Levasseur Partner

     

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Publications

  • Overview: CPLR Amendments to §3101(f) and New §3122-b Insurance Disclosure Laws

    CPLR Amendments to §3101(f) and New §3122-b

    March 1, 2022

    New York’s Comprehensive Insurance Disclosure Act (CIDA), which is now in effect, significantly amends CPLR §3101(f) and adds CPLR §3122-b, and requires defendants in civil litigation to disclose extensive information regarding their insurance coverage within 90 days of filing an Answer in all cases commenced after December 31, 2021.

  • New York’s Highest Court Reverses Itself on Prior Damages-Limiting Decision

    NY Court of Appeals Reverses Its Prior Damages-Limiting Decision

    December 16, 2013

    On December 10, 2013, New York’s highest court, the Court of Appeals, dramatically reversed itself after reargument in a personal injury case, Maria Auqui v. Seven Thirty One Limited Partnership et al. The new decision seemingly eliminates the ability to argue that a New York Workers’ Compensation Board finding of no disability bars the plaintiff from seeking recovery for continuing disability in a separate personal injury action.

  • New York’s Highest Court Holds a Workers’ Compensation Board Decision on Plaintiff’s Disability Status Can Be Used to Limit Non-pain-and-suffering Damage Awards in a Third-party Lawsuit

    NY Court Upholds Workers’ Comp Board Decision

    March 1, 2013

    A recent NY Court of Appeals decision will be particularly significant in personal injury cases where a plaintiff is a construction worker who is a member of a union and/or claims significant lifetime medical expenses, yet the Workers’ Compensation Board found a reason to deny a claim of permanent disability. This decision does not affect personal injury pain and suffering awards in any way. 

  • New York’s High Court Expands Scope of Uninsured Motorist Benefits

    September 2011

    The New York Court of Appeals recently held that an innocent insured’s death in a vehicular homicide is an “accident” for purposes of uninsured motorist coverage. Overturning precedent, the Court held that because the accident was unintentional from the perspective of the insured, a pedestrian, coverage must be provided to the decedent’s estate.
  • New York Court of Appeals Rebuffs Homeowner Insurer’s Efforts to Avoid Wrongful Death Coverage

    August 2011

    In the context of a homeowner’s policy exclusion barring coverage where an insured receives “benefits” under the policy, if the term “benefit” does not unambiguously include an insured’s right to defense and indemnification, the policy would likely be obligated to defend and indemnify any insured against claims or suits by non-insured entities.

Additional Publications

“Court of Appeals Decision on Policy Ambiguity and Coverage in a Wrongful Death Case,” Wilson Elser Insurance Alert, 2011.
“Court of Appeals Decision on Uninsured Motorist Coverage Where Decedent Was an Innocent Insured in Fatality Case,” Wilson Elser Insurance Alert, 2011.
“Analysis of the MCS-90 Endorsement,” The Transportation Lawyer, August 2004.