Gilbane Teaches Cautionary Tale ‘With’ a Single Four-Letter Word

Jessica A. Myers, a counsel in HSE’s Litigation practice, recently authored a guest column for the Buffalo Law Journal. In “Gilbane Teaches Cautionary Tale ‘With’ a Single Four-Letter Word,” Jessica discusses how the New York Court of Appeals interpreted the “plain and unambiguous” language in an insurance policy to flip a lower court’s ruling and provide clarity regarding language intended to provide additional insured coverage. In Gilbane Bldg. Co./TDX Constr. Corp. v. St. Paul Fire & Mar. Ins. Co., 97 N.E.3d 711 (N.Y. 2018) the Court provided the insurance industry with finality in the debate over the difference between two frequently used phrases in insurance policies — and a reminder to contracting parties and their attorneys to carefully review every single word therein to avoid unintended consequences.

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