United States Second Circuit

In an action seeking defense and indemnification from defendant insurance company based on an underlying personal injury lawsuit, the Second Circuit certifies the following question to the New York Court of Appeals: In a case brought against an insurer in which a plaintiff seeks a declaration that it is covered under an insurance policy issued by that insurer, does a certificate of insurance issued by an agent of the insurer that states that the policy is in force but also bears language that the certificate is not evidence of coverage, is for informational purposes only, or other similar disclaimers, estop the insurer from denying coverage under the policy?

Appellate Information

• Decided 12/23/2010
• Published 12/23/2010

Judges

• Robert D. Sack

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Max Gershweir, Judith Treger Shelton