The Burlington Decision — A Tale of 6 Words

Patrick M. Tomovic, a partner in our Insurance Coverage and Litigation practices, recently authored a guest column for the Buffalo Law Journal. In “The Burlington decision – A tale of 6 words,” Patrick discusses one of New York’s most impactful insurance coverage decisions in 2017. The article explains Burlington Insurance Company v. NYC Transit Authority, 29 N.Y.3d 313 (N.Y. 2017) where the New York Court of Appeal sided with Burlington Insurance Company due to arguments regarding the meaning of key phrases in the policy. In their decision, the Court provided the insurance industry with finality in the debate over the difference between two frequently used phrases – and a reminder of the importance of each, and every word in a contract.

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