New York Justice: Excess Insurer Fails To Establish Exclusion Applies

(September 20, 2018, 5:40 PM EDT) -- NEW YORK — A New York justice on Sept. 10 held that an excess insurer has failed to satisfy its burden of showing as a matter of law that its policy’s Prior or Pending Demand or Litigation (PPLI) Exclusion bars coverage, denying the insurer’s motion for summary judgment and refusing to vacate an earlier order that directed it to advance attorney fees and costs to defend against underlying lawsuits (Freedom Specialty Insurance Company, et al. v. Platinum Management [NY], LLC, No. 652505/2017, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 3891)....