NY Appeals Court Affirms Universities Owed Broad Defense Coverage Despite Certain Excluded Losses

Short summary

A New York appellate court ruled that an insurance company must defend universities in pandemic-related tuition refund lawsuits, even where a policy exclusion for "return of funds" applies. The decision affirms a core insurance principle: insurers must defend entire lawsuits whenever underlying claims include any potentially covered relief. University administrators facing similar coverage denials should pursue reconsideration immediately, as statute of limitations deadlines are approaching.

• •NY court mandates insurance defense for pandemic tuition litigation despite "funds exclusion"
• •Insurance law principle: defense duty triggered when any claim could be covered, regardless of exclusions
• •Universities should immediately challenge coverage denials before statute of limitations expires

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