Worrying About Waiver
Interesting new waiver decision from New York. Adames v. Nationwide Mutual Fire Ins. Co., 2008 Slip Op 7597 (2d Dep't App. Div. Oct. 7, 2008): "A notice of disclaimer 'must promptly apprise the claimant with a high degree of specificity of the ground or grounds on which the disclaimer is predicated' and '[a]n insurer's justification for denying coverage is strictly limited to the ground stated in the notice of disclaimer.' Thus, an insurer waives any ground for denying coverage that is not specifically asserted in its notice of disclaimer, even if that ground would otherwise have merit." (Citations omitted.)
