On Jan. 5, 2026, the United States Court of Appeals for the Second Circuit heard oral argument in the case Burlington Insurance Company v. PCGNY Corp., No. 24-2765. That matter concerns New York law on liability insurance coverage for property damage due to alleged construction defects. Central to the oral argument was the First Department of New York’s Appellate Division’s 1994 decision in George A. Fuller Co. v. United States Fidelity and Guaranty Co., 200 A.D.2d 255 (1st Dep’t 1994) (and its progeny) that has continued to receive precedential recognition despite its flaws. The Second Circuit appears likely to question whether George A. Fuller should be considered the law of New York even in 2026 and to certify that for determination by the New York Court of Appeals.

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