Carrier Corp. v Allstate Ins. Co.

Holding The court affirmed the determination that subclinical injuries constituted injury-in-fact and that defense costs eroded policy limits, but vacated the award of damages for claims accruing prior to 2017. This modification was necessary because the plaintiffs failed to satisfy a condition precedent by making a definite claim for coverage within 12 months of payment.

The court’s words

plaintiffs failed to satisfy a condition precedent to coverage by making a "definite claim" for coverage within 12 months of payment

2026 NY Slip Op 04610, at the official text

there is no basis to disturb Supreme Court's determination that subclinical injuries constituted injury-in-fact

2026 NY Slip Op 04610, at the official text

defense costs for dismissed claims appropriately eroded the limits of the underlying policies

2026 NY Slip Op 04610, at the official text