This article was published on the PLUS (Professional Liability Underwriting Society) Blog on March 14, 2022.
Partner Barry Temkin and Robert Usinger, Esq. co-authored “Choice of Counsel and Policy Erosion for Professional Liability Policies Under the New York Insurance Law.” They discuss New York’s policy erosion restrictions which prevent an insurance carrier from depleting policy limits to cover defense costs when the carrier exercises their right to choose counsel for a policyholder. They also look at a policyholder’s ability to choose counsel, a situation where restrictions no longer apply and the carrier can fully erode policy limits.
To read the full article, click here.