Kaufman Borgeest & Ryan LLP congratulates Brian Margolies and Noah Guisuraga for securing a summary judgment on behalf of an insurer client in the New York Supreme Court for Kings County in a case involving coverage under a pollution liability insurance policy.

The insured asserted that it was entitled to an automatic extended reporting period upon the expiration of the policy both as a matter of statutory law and contract, thus entitling it to coverage for a claim first made one week after the policy’s expiration. Brian and Noah successfully argued that the statutory scheme relied on by the insured did not apply to policies issued through the surplus lines market and that the insured was not otherwise entitled to an extended reporting period since it had replaced the policy’s coverage upon its expiration.