Stephen Pate, a member in the firm Global Insurance Department, was quoted in Law360's feature "The Biggest Property & Casualty Insurance Decisions of 2018." Insurance attorneys received guidance from courts on a host of critical coverage issues in 2018, including the New York high court's holding that an insurer cannot be held liable for a policyholder's cleanup costs for years in which no pollution insurance was available and two appeals courts' rulings that insurers must cover losses from email-based scams. In the article, Stephen discusses one of the biggest insurance decisions of 2018: KeySpan v. Munich Re. Stephen believes the New York Court of Appeals' ruling merely honored the language of KeySpan's policies. While KeySpan asserted a "strong public policy argument" that an unavailability exception would help maximize policyholders' recovery, the state high court refused to let those considerations override the clear policy terms.
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