Catafago Fini LLP made headlines in scoring another victory in the Second Circuit against a Berkshire Hathaway insurance unit. In this case, United States Liability Company attempted to avoid its insurance obligations under a general liability policy. The Firm defeated all of the insurance company’s arguments. The Second Circuit Court of Appeals agreed with our argument that USLI waited too long — more than two years — to come up with a belated “rescission” argument. Moreover, the Firm defeated USLI’s attempt to avoid coverage under two exclusions, one for bodily injury to employees, and one for “construction.” Catafago Fini partner Tom M. Fini was quoted in Business Insurance: “’There’s a very troubling trend in America where insurers sneak these vague exclusions into their policies’ and then after collecting premiums ‘try to avoid coverage.’ Policyholders that pay their premiums expect coverage, he said.”
The news article is here.
The court decision is here.