Scott Seaman Discusses Decision by NY Court to Reject 'Unavailability of Insurance' Exception
In The News | 1 min read
Mar 30, 2018
Hinshaw's Scott Seaman—a Chicago-based partner and co-chair of the firm's Insurance Services Practice Group—is quoted in a Law360 article titled "NY Ruling Curtails Insurers' Environmental Cleanup Exposure." The article discusses Tuesday's unanimous decision by the New York Court of Appeals to reject the application of a "so-called unavailability exception to the pro rata insurance allocation formula," often referenced in long-tail insurance coverage matters. The decision will limit "carriers' exposure to cleanup coverage claims by forcing policyholders to pick up the tab for such periods."
"The New York Court of Appeals slammed the door shut on policyholders seeking to hoist upon their insurers losses for periods in which insurance is unavailable in the marketplace, delivering a significant victory to insurers in the allocation war," said Seaman, characterizing the unavailability exception as "utter lunacy."
Read "NY Ruling Curtails Insurers' Environmental Cleanup Exposure," on the Law360 website (subscription may be required)
Also read Seaman's article discussing this decision: "Expert Analysis: New York Court of Appeals Slams Door on 'Unavailability of Insurance' Exception"
Related People
Related Capabilities
Related Locations
Featured Insights

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Event
May 7, 2026 - May 9, 2026
Anshuman Vaidya Presents on IRS Criminal Tax Enforcement Priorities at the ABA Tax Meeting

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026





