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​Question from a Big I New York member: We have a client who has a homeowners policy with [Carrier X], which was not supposed to be renewed by the carrier due to a 1/1/2020 loss involving "under-age drinking".  The policy was due to be non-renewed at its March 4th, 2021 expiration date. On February 5th, 2021, the underwriter notified us that the policy was inadvertently renewed; however, a mid-term cancellation will be issued for "Increase In Hazard" surrounding the 1/1/2020 loss.  A copy of the Cancellation Notice is attached. I'm concerned about the legality of this.  Is a carrier allowed to mistakenly renew a policy when…

[embedded content] ​"​And I saw my reflection in the snow-covered hills 'Til the landslide brought me down ..."​​-- Stephanie Lynn (AKA Stevie) Nicks, American singer/songwriter​Here in the Empire State, we generally don't have to worry much about earthquakes. New York gets some seismic activity, but it's usually minor and certainly not on par with what our fellow citizens in the midwest and west must contend with. But does that mean we shouldn't be concerned about the ubiquitous earth movement exclusions found in personal and commercial property insurance policies? A couple in Colorado has learned the hard way that there are different kinds of earth movement losses, and their experience could…

​​Big I New York members often call our office with questions about non-compete agreements - Can I use one? How long can I make it effective? How broad can it be?  Attorney Bradley A. Hoppe​ has  a new blog post about a recent New York appellate court decision that illustrates that the answers depend on where in the state your agency is located.Specifically, in (King v. Marsh & McLennan Agency, LLC), the First Department again recognized the governing rule for courts (and companies and employees) located within the First and Second Departments (i.e., New York City and downstate counties) that a non-competition or non-solicitation covenant is unenforceable…