Mount Hawley Insurance Company issued a commercial general liability policy to a contractor that excluded coverage for property damage resulting from the insured’s labor, except for “interior tile” work. The insured...more
2/27/2026
/ Additional Insured ,
Appellate Courts ,
Commercial General Liability Policies ,
Contract Interpretation ,
Contractors ,
Denial of Insurance Coverage ,
Department of Transportation (DOT) ,
Duty to Defend ,
Insurance Litigation ,
Policy Exclusions ,
Property Damage ,
Summary Judgment
The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a...more
1/29/2026
/ Advertising ,
Commercial General Liability Policies ,
Contract Interpretation ,
Denial of Insurance Coverage ,
Discovery ,
Duty to Defend ,
Duty to Indemnify ,
Excess Policies ,
Indemnification ,
Insurance Contracts ,
Insurance Litigation ,
Judgment on the Pleadings ,
Motion to Dismiss ,
Policy Exclusions
A Manhattan property owner retained On Star Management LLC to manage a renovation project at its property and On Star, in turn, retained Batco Associates, LLC, to perform work at the project. Batco then retained CMG...more
1/2/2026
/ Additional Insured ,
Additional Insured Endorsements ,
Appellate Courts ,
Construction Industry ,
Construction Litigation ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Homeowners ,
Insurance Contracts ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Property Insurance ,
Standing ,
Summary Judgment
Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit-
Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without...more
11/25/2025
/ Appellate Courts ,
Commercial General Liability Policies ,
Contract Interpretation ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Homeowner's Insurance ,
Homeowners ,
Independent Contractors ,
Insurance Contracts ,
Insurance Litigation ,
Policy Exclusions ,
Property Insurance ,
Property Owners ,
Residential Property Owners ,
Summary Judgment
Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire...more
10/30/2025
/ Additional Insured ,
Additional Insured Endorsements ,
Commercial General Liability Policies ,
Construction Industry ,
Construction Litigation ,
Deductibles ,
Duty to Defend ,
Duty to Indemnify ,
General Contractors ,
Indemnity ,
Insurance Litigation ,
New York ,
Self-Insured Retention Provisions ,
Subcontractors ,
Summary Judgment
The insured manufactured products in the 1980s that may have contained asbestos and was named in thousands of asbestos-related bodily injury lawsuits. With the help of an insurance archeologist, the insured searched for...more
9/30/2025
/ Additional Insured ,
Asbestos Litigation ,
Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Duty to Defend ,
Excess Policies ,
General Contractors ,
Implied Covenants ,
Insurance Contracts ,
Insurance Litigation ,
Liability Insurance ,
Motion to Dismiss ,
New York ,
Punitive Damages ,
Subcontractors ,
Umbrella Policies
Northern District Finds Modified Employer’s Liability Exclusion In Policy Ambiguous -
The general contractor for a construction project hired DJ Heating & Cooling to perform HVAC work at the project and Rocker II Drywall...more
9/3/2025
/ Additional Insured ,
Additional Insured Endorsements ,
Appellate Courts ,
Bodily Injury ,
Commercial General Liability Policies ,
Construction Industry ,
Construction Project ,
Denial of Insurance Coverage ,
Duty to Defend ,
Employer Liability Issues ,
Excess Policies ,
Insurance Contracts ,
Insurance Litigation ,
Notice Requirements ,
Policy Exclusions ,
Summary Judgment
A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee...more
7/30/2025
/ Additional Insured ,
Bodily Injury ,
Commercial Leases ,
Commercial Property Owners ,
Duty to Defend ,
Insurance Litigation ,
Landlords ,
Liability Insurance ,
Misrepresentation ,
Negligence ,
New York ,
Policy Terms ,
Property Owners ,
Rescission ,
Summary Judgment ,
Tenants
A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more
6/27/2025
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Commercial General Liability Policies ,
Covenant of Good Faith and Fair Dealing ,
Declaratory Judgments ,
Duty to Defend ,
Excess Policies ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
New York ,
NY Supreme Court ,
Subcontractors ,
Summary Judgment ,
Workplace Injury
Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed a bodily injury...more
5/29/2025
/ Additional Insured ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
New York ,
Policy Exclusions ,
Summary Judgment
John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more
The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more
3/25/2025
/ Appeals ,
Commercial Insurance Policies ,
Commercial Leases ,
Contract Terms ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Risk Management ,
Summary Judgment
The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy...more
The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought coverage under her homeowners...more
In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are...more