The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more
10/30/2024
/ Bodily Injury ,
Commercial Insurance Policies ,
Construction Industry ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liberty Mutual Insurance Company ,
Negligence ,
New York ,
Policy Exclusions ,
Summary Judgment ,
Workplace Injury
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