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

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm




