Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
8/29/2024
/ Bodily Injury ,
Burden of Proof ,
Declaratory Judgments ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Proof of Loss ,
Property Damage ,
State Farm ,
Summary Judgment ,
Water Damage
Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more
3/28/2024
/ Claim Preclusion ,
Deeds ,
Foreclosure ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Materiality ,
New York ,
Policy Exclusions ,
Property Owners ,
Summary Judgment
Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess-
Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more
2/28/2023
/ Construction Contracts ,
Contractors ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New York ,
Omissions ,
Policy Exclusions ,
Summary Judgment ,
Umbrella Policies
Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend-
622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance...more
A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more
2/23/2021
/ Appellate Courts ,
Bodily Injury ,
Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Declaratory Judgments ,
Insurance Industry ,
Rental Property ,
Shelter-In-Place ,
Subcontractors ,
Summary Judgment
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19-
Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
1/29/2021
/ All-Risks Insurance ,
Business Closures ,
Business Interruption ,
Car Accident ,
Civil Authority ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Examinations Under Oath ,
Hazardous Substances ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
No-Fault Insurance ,
Property Damage ,
Summary Judgment
Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions. Waiting Room’s liability...more
12/1/2020
/ Bodily Injury ,
Declaratory Judgments ,
Disparate Treatment ,
Emotional Distress Damages ,
Estoppel ,
Fireman's Fund Insurance ,
Gender Discrimination ,
Independent Contractors ,
Injury-in-Fact ,
Reservation of Rights ,
Summary Judgment
Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks. Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a...more