News

Brosamer & Wall, Inc. v. Zurich American Insurance Co.

“Cost of Making Good” Exclusion

Brosamer & Wall, Inc. v. Zurich American Insurance Co., No. C 19-01872, 2020 WL 1031139 (N.D. Cal. Mar. 3, 2020) Mound Cotton won a significant victory on behalf of Zurich American Insurance Company in a case brought by its insured, Brosamer &...

Downstairs Cabaret, Inc. v. Wesco Insurance Co.

Business Interruption / Estoppel

Downstairs Cabaret, Inc. v. Wesco Insurance Co., 187 A.D.3d 1642 (4th Dep’t 2020) This appeal concerned whether an insurance policy includes coverage for actual loss of business income when the declarations do not contain a limit for such loss, and...

Hayden Asset VIII, LLC v. Public Service Mut. Ins. Co.

Damages Discovery

Hayden Asset VIII, LLC v. Public Service Mut. Ins. Co., No. 161751/2014, 2020 WL 1275533 (N.Y. Sup. Ct. Mar. 11, 2020) In this case, the insured made a claim for water damage as a result of a frozen sprinkler rupture. After the loss, the insured sold...

Mountain Valley Indemnity Co. v. Hylton

“Residence Premises” Exclusion

Mountain Valley Indemnity Co. v. Hylton, 2020 NY Slip Op 34347(U) (N.Y. Sup. Ct. Dec. 1, 2020) This case involved an insurance coverage dispute arising out of an underlying action for personal injuries allegedly sustained by the claimant when she...

Napoli Shkolnik, PLLC v. Greenwich Insurance Co.

Professional Services / Late Notice

Napoli Shkolnik, PLLC v. Greenwich Insurance Co., Index No. 657246/2019 (N.Y. Sup. Ct. Sept. 18, 2020) Nearly two years after it was sued in federal court in Maryland, the law firm Napoli Shkolnik reported the suit to its professional liability...

Pacquette v. Tower Insurance Co.

Suit Limitation Period

Pacquette v. Tower Insurance Co., Index No. 5001153/19 (N.Y. Sup. Ct. May 12, 2020) The plaintiffs waited almost four years after a loss to commence an action against their insurer. Tower Insurance Company moved to dismiss the complaint on the ground...

Pan Am Equities, Inc. v. Lexington Ins. Co.

Application of Named Storm / Flood Deductible

Pan Am Equities, Inc. v. Lexington Ins. Co., 959 F.3d 671 (5th Cir. 2020) Lexington Insurance Company was involved in a $6.8 million Hurricane Harvey-related dispute regarding the application of a “Named Storm” deductible as opposed to a “Flood”...

Passport Resorts LLC v. AmRisc, LLC

Arbitration and Service of Suit Clauses

Passport Resorts LLC v. AmRisc, LLC, H046354, 2020 WL 4932287 (Cal. Ct. App. Aug. 21, 2020) Mound Cotton prevailed on an appeal of the denial of a motion to compel arbitration. The insured operated a luxury hotel in Big Sur, California. In February...

Stein v. National General Insurance Co.

Proof of Loss / Documentary Evidence

Stein v. National General Insurance Co., 2020 N.Y. Slip Op. 31814(U), 2020 WL 3124237 (N.Y. Sup. Ct. June 9, 2020) This case involved the insured’s claim for water damage to his apartment caused by a broken pipe. After he reported the claim, the...

Trim v. New York Property Insurance Underwriting Association

Extra-Contractual Claims in Policy Dispute

Trim v. New York Property Insurance Underwriting Ass’n, Index No. 718936/2019 (N.Y. Sup. Ct. Sept. 23, 2020) The plaintiff sued New York Property Insurance Underwriting Association for additional recovery after NYPIUA paid for damage caused by a covered...

193 Hooper Street Condo v. Wesco Insurance Co.

First-Party Property / Water Overflow Damage

193 Hooper Street Condo v. Wesco Insurance Co., No. 657266/2017, 2020 WL 228355 (N.Y.Sup. Ct. Jan 10, 2020) Pursuant to a first-party property policy, Wesco Insurance Company denied a claim for water damage to a commercial structure. Specifically, the...

200 Court Street LLC v. Wesco

First-Party Wear and Tear Exclusion

200 Court Street LLC v. Wesco Ins. Co., 2019 WL 3207539, 2019 N.Y. Slip Op. 31945(U) (Queens Co. Sup. Ct. May 20, 2019) This case involved a first-party property insurance dispute in which Wesco Insurance Company denied a claim for wind damage to the...

2416 Newkirk v. Wesco

Late Notice

2416 Newkirk v. Wesco Ins. Co., Kings Co. Index No. 502342 (New York Co. Sup. Ct. Feb. 28, 2019) This case involved insurance claims for a theft that took place in an apartment located at 2416 Newkirk Avenue, Brooklyn, and a separate claim for costs...

An-Jung v. Rower LLC

Professional Negligence

An-Jung v. Rower LLC, Index No. 152694/18 (New York Co. Sup. Ct. 2018), rev’d 173 A.D.3d 488 (1st Dep’t 2019) In this negligence and breach of contract action, plaintiff sought damages arising out of alleged excessive and improper billing by defendants...

Bronx 13 Properties LLC v. Wesco

First Party Collapse Claim

Bronx 13 Properties LLC v. Wesco Ins. Co., Index No. 161411/2015 (New York Co. Sup. Ct. Apr. 4, 2019) In this case the insured landlord sought coverage for the collapse of a bathroom floor that allegedly caused damage to several other floors of an...

Canale v. Castlepoint

Coverage for “Residence Premises”

Canale v. Castlepoint Ins. Co., 64 Misc.3d 1208(A), 116 N.Y.S.3d 861 (N.Y. Sup. Ct. 2019) This case involved a first-party property insurance dispute in which Castlepoint Insurance Company denied a claim for fire damage to a dwelling configured as...

CLMS Management v. Amwins

Enforcement of Arbitration Agreement

CLMS Mgmt. Servs. Ltd. P’ship v. Amwins Brokerage of Georgia, LLC, No. 3:19-CV-05785-RBL, 2019 WL 7185547 (W.D. Wash. Dec. 26, 2019) This case concerned the enforcement of an arbitration clause in an insurance policy. The insured, a Washington entity,...

Croxton-Narain v. Sterling & Sterling

Wrongful Termination

Croxton-Narain v. Sterling & Sterling, Inc., No. B285240, 2019 WL 1069601 (Cal. Ct. App. Mar. 6, 2019) Plaintiff worked as an executive account assistant for defendant. She suffered an Ischemic attack and missed over a month of work, prior to being...

Danino v. Great American

Storm Damage Claim

Danino v. Fairmont Insurance Brokers, Index No. 157059/2018 (New York Co. Sup. Ct. Sept. 6, 2019) This litigation involved a first-party property insurance claim for interior water damage. The applicable policy allowed the broker to add properties if...

Eubanks v. NYPIUA

Fire Damage Claim

Eubanks v. New York Property Insurance Underwriting Association, Kings Co. Index No. 523461/2017 (NY Sup. Ct. Kings Co. 2019). Plaintiff brought a motion to dismiss two affirmative defenses asserted by New York Property Insurance Underwriting...

Federal v. Anderson

Enforcement of Appraisal Procedure

Fed. Ins. Co. v. Anderson, No. 18-CV-06920-JST, 2019 WL 8128570 (N.D. Cal. Sept. 27, 2019) In this case, the insurer successfully moved to compel an appraisal to establish disputed valuations under its insurance policy. The insureds had purchased a...

Georgoulis & Associates v. Air Seal

Duty in Tort to Third Parties

Georgoulis & Associates, PLLC v. Air Seal Insulation Systems, Inc. and Boorom Facilities Solutions, LLC, Case No. 51983/12, N.Y. Sup. Ct., N.Y. Co. (May 8, 2019) A New York trial court dismissed all claims against CNC Coatings Corp. i/s/h/a Air Seal...

Gold Coast v. Underwriters

Enforcement of Arbitration Agreement

Gold Coast Prop. Mgmt. Inc. v. Certain Underwriters at Lloyd’s London, No. 18-CV-23693, 2019 WL 2482058, (S.D. Fla. June 14, 2019), appeal dismissed sub nom. Gold Coast Prop. Mgmt., Inc. v. Certain Underwriters at Lloyds, London, No. 19-12720-EE,...

Gonzalez v. Archer Daniels Midland

Personal Jurisdiction over Foreign Company

Gonzalez v. Archer Daniels Midland Co., No. CUM-L-228-19 (N.J. Super. Ct., Law Div. Nov. 19, 2019) In this products liability action, plaintiff sought to hold Stephan Machinery liable under the New Jersey Product Liability Act, N.J.S.A 2A:58C-1 to -11,...

Great American v. L. Knife & Son

Extra-Contractual Damages

Great American Ins. Co. of NY v. L. Knife & Son, Inc., No. 157164/2013, 2019 WL 529276 (N.Y. Sup. Ct. Feb. 11, 2019) In granting Great American Insurance Company’s motion to dismiss L. Knife’s counterclaims for attorneys’ fees and other...

Integon v. Chen

“Residence Premises”

Integon Nat’l Ins. Co. v. Chen, 2019 WL 462854, 2019 N.Y. Slip Op. 30286(U) (New York Co. Sup. Ct. Feb 6, 2019) This case involved a third-party liability insurance dispute in which the insureds argued they were entitled to defense and indemnity under...

Inwood Security v. Wesco

Venue

Inwood Security Inc. v. Wesco Ins. Co., Index No. 30443/2017E (Bronx Co. Sup. Ct. Apr. 15, 2019) In this property insurance dispute, while the insured and insurer resided in New York County, and the loss allegedly occurred in New York County, the...

Joseph v. NYPIUA

Vandalism Claims

Joseph v. New York Property Insurance Underwriting Association, Index. No. 21862/2015 (NY Sup. Ct. Suffolk Co. 2019) The court granted New York Property Insurance Underwriting Association’sw  summary judgment on an alleged vandalism claim filed by a...

Lamonica v. Hartford

Estoppel

Lamonica v. Hartford Ins. Co. of the Midwest, No. 5:19CV78-RH-MJF, 2019 WL 8063350, (N.D. Fla. Nov. 27, 2019) This case concerned a claim for damage to a residential property as a result of Hurricane Michael in October 2018. Hartford Insurance Company...

Luna v. Ponce Funeral Homes

Newly Discovered Evidence

Luna v. Ponce Funeral Homes, Inc., 176 A.D.3d 1193 (2019) This case concerned an action for damages for breach of contract and negligence against a funeral home as the result of alleged mishandling of the remains of the plaintiff’s deceased spouse. The...

Peter Max v. Great American

Enforcement of Appraisal Award

Peter Max v. Great American Security Insurance Company, No. BER-L-7136-18 (N.J. Super. Ct., Law Div., May 21, 2019) In this summary action, the insureds sought judicial review of the terms of an appraisal award that established the amount of loss they...

Micle v. MIC

Misrepresentation and Dwelling Fire

Micle v. MIC Gen. Ins. Corp., 2019 WL 1532685, 2019 NY Slip Op 30840(U) (Queens Co. Sup. Ct. Feb 6, 2019) This case involved a first-party property insurance dispute in which the insurer denied a claim for fire damage to a three-family dwelling. The...

New Lahori Kabab v. 122-24 Lexington Ave

Property Damage under CGL Policy

New Lahori Kabab Inc. v. 122-24 Lexington Ave. Corp., N.Y. Index 653083/2017 (New York Co. Sup. Ct. January 24, 2019) This case involved the insureds’ claim for property damage to their restaurant under a commercial general liability policy issued by...

Niagara Bottling v. Zurich

Suit Limitations Provision

Niagara Bottling, LLC v. Zurich Am. Ins. Co., No. EDCV19113PAKKX, 2019 WL 6729756 (C.D. Cal. Oct. 5, 2019) This suit arose out of Niagara’s $20 million loss from its recall and destruction of bottled water after a test at the water’s source came back...

Park Shore v. General Security

Arbitrator Qualifications

Park Shore Resort Condominium Association, Inc. v. General Security Insurance Company of Arizona, 2:19-cv-125-Ftm-38MRM (M.D. Fla. May 8, 2019) This matter concerned an arbitration regarding a multi-story condominium resort in Naples. While the...

Pars Bronx v. Wesco

Pre-Inception Property Damage, Collapse and Late Notice

Pars Bronx Realty, LLC v. Wesco Ins. Co., Index No. 450191/2017 (New York Co. Sup. Ct. June 20, 2019) In this dispute involving a commercial building, the insured sought $2.5 million for property damage and $2.5 million for bad faith. Wesco Insurance...

Bylykbashi v. Public Service

Nonsuit

Bylykbashi v. Public Service Ins. Co., Docket No. 16-6071062 (Conn. Sup. Ct., June 3, 2019) Plaintiff sought $200,000 in damages based on his allegation that the insured premises sustained water damage as a result of roof leaks. Public Service Insurance...

The S.O. Beach v. Great American

Collapse

The S.O. Beach Corp. v. Great American Insurance Company of New York, 791 Fed. Appx. 106 (11th Cir. Oct. 31, 2019) In this case, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment to Great American...

V & D Properties v. Security National

Water Damage Claim

V & D Properties, LLC v. Security National Ins. Co., Index EFC-2017-1805 (Oswego Co. Sup. Ct. June 7, 2019) This case involved an insurance claim for water damage that occurred in a commercial building located in Oswego, New York, caused by an...

Valdiviezo v. Tower

Dismissal for Failure to Appear

Valdiviezo v. Tower Ins. Co. of NY, Index No. 150596/2017 (New York Co. Sup. Ct., July 5, 2019). This case involved a first-party property insurance dispute in which the insurer denied a claim for fire damage to a multi-family building. The policy at...

Weiss v. John Hancock

Policy Lapse

Samuel Weiss as Trustee of the Agi Weiss Insurance Trust v. John Hancock Life Insurance Company of New York, Index No. 035397/2014 (N.Y. Sup. Ct., Rockland Cty, Feb. 14, 2019) In this case, the owner of an $8 million life insurance policy brought a...

Orloff v. AmTrust

Loss to Records/Electronic Data

Orloff v. AmTrust Financial, Index No. CV-032757-18/K1 (Kings Co. Sup. Ct. Feb. 13, 2019); Wesco Ins. Co. v. King & Associates, Index No. 650212 (New York Co. Sup. Ct. Aug. 20, 2019) Plaintiff Jason Orloff brought an action for breach of contract...

West Hudson v. Chubb

Appraisal Award

West Hudson Sub Acute Care Center, LLC v. Chubb Group of Insurance Companies and Federal Insurance Company, No. HUD-L-2042-17 (N.J. Super. Ct., Law Div., Oct. 17, 2019) In this case, the court granted summary judgment in favor of Federal Insurance...

White Eagle v. Amrisc

Enforcement of Arbitration Agreement

White Eagle Prop. Grp., LLC v. Amrisc, LLC, No. 619CV335ORL31DCI, 2019 WL 2337005 (M.D. Fla. June 3, 2019) This matter involved the arbitration of a claim for alleged damage to a residential rental complex in Winter Springs, Florida caused by Hurricane...

William v. NYPIUA

Failure to Allow Inspection of Premises

Williams v. New York Property Insurance Underwriting Association, New York Co. Index No. 151083/2014 (NY Sup. Ct. New York Co. 2019) This case involved the failure of the insured to allow an inspection of his premises. The insured requested an increase...

Williams v. Waypoint

Fair Debt Collection Practices Act

Williams v. Waypoint Resource Group, LLC, No. 18CV4921ARRRML, 2019 WL 1368998 (E.D.N.Y. Mar. 26, 2019) In this class action lawsuit filed under the Fair Debt Collection Practices Act, plaintiff alleged that a debt collection letter sent to her violated...

National Union v. Burlington

Commercial General Liability Pollution Exclusion

National Union Fire Ins. Co. of Pittsburgh, PA. v. Burlington Ins. Co., Supreme Court New York, New York County, Index No. 155114/2013 (April 27, 2018) The insured, Mayore Estates, owned a building in Manhattan next to the World Trade Center.  In 2005,...

Paul Evert’s RV Country v. Universal Underwriters

Third-Party Bad-Faith Claim

Paul Evert’s RV World et al. v. Universal Underwriters Ins. Co., 720 Fed. Appx. 412 (9th Cir. April 25, 2018) The Ninth Circuit Court of Appeals affirmed a judgment obtained by Mound Cotton’s attorneys in a significant third-party bad faith action. The...

The S.O. Beach Corp. v. Great American

First-Party Building Collapse Claim

The S.O. Beach Corp. v. Great American Ins. Co. of New York, No. 17-22254-CIV-MORENO, 2018 WL 1732176 (S.D. Fla. April 10, 2018) In a dispute regarding the application of a policy’s collapse coverage, the United States District Court for the Southern...

Central W. Va. Airport v. Triad

Airport Runway Collapse Claim

Central West Virginia Regional Airport Authority, Inc. v. Triad Engineering, Inc., (West Virginia Circuit Court, Mass Litigation Panel, May 2018) The firm obtained an order granting summary judgment in favor of its client, New Hampshire Insurance...

Black River v. Liberty Mutual

First-Party Water Damage Sublimit

Black River Partners, et al. v. Adirondack Mechanical Services and Liberty Mut. Ins. Co., Index No. 252627/2016, New York Supreme Court, Rensselaer County (December 5, 2018) The court held that all the insured’s property damage and resulting business...

Trump Entertainment v. Lexington

Sandy Contingent Business Interruption Claim

Trump Entertainment Resorts, Inc. v. Lexington Insurance Company, No.: ATL-L-2458-15 (N.J. Super. Ct., Law Div. March 14, 2018) The court granted summary judgment against Trump Entertainment Resorts and related companies on a $5.1 million claim for...

Greenbrier v. Lexington

Appraisal and First-Party Bad-faith Claim

Greenbrier Hotel Corporation, et al., v. Lexington Insurance Company, et al., Civ. Action No.: 5:14-cv-15201 (S.D. W. Va. June 11, 2018) The district court affirmed an appraisal award in favor of Mound Cotton’s clients, finding that the insurers timely...

Versaille Sur La Mer v. Lexington

Waiver of Appraisal Right

Versailles Sur La Mer Condominium Ass’n, Inc. v. Lexington Ins. Co., No. 6:18-cv-1125-Orl-37TBS (U.S. District Court, Middle District Florida, July 24, 2018) The firm obtained an order denying plaintiff’s motion to compel Lexington Insurance Company to...

Illinois Union v. Grandview

Protective Safeguards Provision

Illinois Union Ins. Co. v. Grandview Palace Condominiums Assoc. Corp., 155 A.D.3d 459 (1st Dep’t 2017), lv denied, 31 N.Y.3d 912 (2018) In this case the New York Court of Appeals denied defendant-insured’s motion for leave to appeal a decision by the...

Sebmar v. Amtrust

Earth Movement Exclusion and Lack of Privity

Sebmar LLC v. AmTrust Financial Svcs. et al., New York Supreme Court, Kings County, Index No. 505707/17 (2018) The Sebmar case involved an insurance claim for damage to an apartment building located in Brooklyn. The damage was reportedly caused when...

Perez v. Castlepoint

Misrepresentation in Property Insurance Application

Perez v. Castlepoint Ins. Co. et al., 2018 N.Y. Slip Op 32668, 2018 WL 5283415  (NY Sup. Ct., Queens Co. October 19, 2018) This litigation involved a first-party property insurance dispute in which the plaintiff-insureds claimed coverage for damages to...

Petrilli v. Adirondack Ins. Exchange

No Private Cause of Action under Unfair Claim Settlement Act

Petrilli v. Adirondack Ins. Exchange, 2018 WL 2322773 (N.Y.Sup.), 2018 N.Y. Slip Op. 30941(U) (NY Sup. Ct., Nassau Co., May 16, 2018) This decision involves a first-party property insurance dispute in which plaintiff-insureds claimed their building...

2416 Newkirk v. Wesco

First-Party Late Notice

2416 Newkirk v. Wesco Ins. Co. et al., Kings Co Index No 502342 (NY Sup. Ct. June 15, 2018) This first-party insurance litigation involved insurance claims for a theft that occurred in an apartment building located at 2416 Newkirk Avenue, Brooklyn, and...

New Rainbow v. Wesco

Dismissal Based on Counsel’s Failure to Appear

New Rainbow Heaven, LLC et al. v. Wesco Ins. Co., N.Y. Co. Index No. 655648/2016 (NY Sup. Ct. NY Co. 2018) This case involved plaintiff-insured’s claim for fire damage to its restaurant.  Plaintiff’s counsel sought to withdraw upon the parties’ motions...

Brenner v. Hermitage

Suit Limitation and Late Notice

Brenner v. Hermitage Ins. Co., 2018 NY Slip Op 32667(U), 2018 WL 5261037 (NY Co. Sup. Ct., October 16, 2018) The Brenner case involved a first-party property dispute in which the insured landlord made a claim under his policy following vandalism damage...

Talisman v. Hermitage

Consigned Goods Not Covered Property

Talisman Services, Inc.  v.  Hermitage Ins. Co., 2018 WL 3859692 (N.Y.Sup.), 2018 N.Y. Slip Op. 31955(U) (New York Co. Sup. Ct., Aug 14, 2018) Talisman involved a first-party property insurance dispute where the insured claimed coverage for water damage...

Pertef v. Public Service

Nonsuit based on Failure to Provide Discovery

Pertef Bylykbashi v. Public Service, Connecticut Superior Court, Docket No. 16-6071062 (January 18, 2018) This lawsuit concerned a first-party property insurance claim involving water damage resulting from roof leaks that occurred on February 25, 2015. ...

New Lahori Kebab v. 122-24 Lexington

CGL Policy Does Not Cover Damage to Insured’s Building

New Lahori Kabab Inc. v. 122-24 Lexington Ave. Corp. et al., N.Y. Index 653083/2017 (NY Sup. Ct., NY Co. 2018) This litigation involved the plaintiff-insured’s claim under a commercial general liability policy for property damage to a restaurant....

Gitelman v. City of NY

Travel Agent Not Liable for Mistakenly Charging Incorrect Credit Card

Gitelman, et al. v. GoGo Worldwide Vacations, GoGo Tours, Inc., et al., Index No. 22004/13 (Sup.  Ct. Queens Co. Feb. 20, 2018) Mound Cotton won summary judgment in favor of its clients, GoGo Worldwide Vacations and GoGo Tours, Inc., in New York Supreme...

Traubenfliegel v. Miller & Milone

No Violation of Federal Debt Collection Practices Act

Taubenfliegel v. Miller & Malone, P.C., Case No. 1:18-cv-01884-ERK-JO (E.D.N.Y. Dec. 17, 2018) Mound Cotton won summary judgment in favor of its client, Miller & Malone, P.C., in an action alleging violation of the Fair Debt Collection Practices...

40 East Broadway v. Charter Oak Fire Ins. Co.

Forty East Broadway Corp. v. The Charter Oak Fire Ins. Co., et. al., 2017 WL 318663, 2017 WL 375320, 2017 N.Y. Slip Op. 30131(U) (Sup. Ct. NY Co., Jan. 20, 2017) (Sup. Ct [NY Co.], Jan. 23, 2017) This litigation concerns a first-party property insurance...

Abrar Deli v. Tower National Ins. Co.

Abrar Deli & Grocery Hylan Corp. v. Tower National Ins. Co., Index 100249/16 (Sup. Ct. [Rich. Co.], Jan. 27, 2017) This litigation arises out of an insurance claim for alleged water damage from Superstorm Sandy to a deli/grocery store on October 29,...

Barry Inn Realty v. Endurance American

Barry Inn Realty, Inc. v. Endurance American Specialty Insurance Company and M.G.I. Brokerage Inc. In this first-party property insurance matter, Plaintiff sought coverage after a fire damaged its building in the Bronx, New York. MCWG moved for summary...

Bedrock Leasing v. Lexington Ins. Co.

Bedrock Leasing Corp. v. Lexington Ins. Co., No. N16C-08-084 EMD CCLD (Del. Super. Ct. Apr. 27, 2017) In this Hurricane Sandy litigation, the Delaware Superior Court granted MCWG client Lexington Insurance Company’s motion to dismiss on the basis of the...

Greenbrier Hotel Corp. v. Lexington Ins. Co.

Greenbrier Hotel Corp. v. Lexington Ins. Co., No. 5:14-cv-15201, 2017 WL 589544 (S.D. W. Va. Nov. 29, 2017) This is one of very few recent decisions discussing the standard to apply under West Virginia law to review an appraisal award.  The decision is...

Javoroski v. Selectquote Ins. Svc., Inc.

Janeen A. Javoroski v. Selectquote Insurance SVC, Inc., et al., Index No. 4542-16 (Sup. Ct., Albany Co., February 21, 2017) (Richard M. Platkin, J.) The Court ruled in favor of Mound Cotton’s clients, insurance broker defendants on their motion to...

Jones v. FC USA, Inc., d/b/a Liberty Travel

Jones v. FC USA, Inc., d/b/a Liberty Travel, No. 17-1126, 2017 WL 5453497 (E.D.Pa. Nov. 14, 2017) MCWG successfully moved on behalf of its client, Liberty Travel, to dismiss a case filed in the Eastern District of Pennsylvania. The case, a negligence...

Liberty Mutual Fire Ins. Co. v. J&S Supply Corp.

Liberty Mut. Fire Ins. Co. v. J&S Supply Corp., No. 13-CV-4784, 2017 WL 4351523 (S.D.N.Y. September 29, 2017) As previously reported, Mound Cotton won summary judgment on behalf of Liberty Mutual in this third-party coverage action. The court held,...

MZM Real Estate Corp. v. Tower Ins. Co.

MZM Real Estate Corp. v. Tower Ins. Co. of N.Y., 2017 N.Y. Slip Op. 30691(U), 2017 WL 1330494, 2017 N.Y. Misc. LEXIS 1292 (Sup. Ct. [N.Y. Co.] April 7, 2017) In this case, the Insured sued to enforce an appraisal award arising out of Superstorm Sandy. ...

R&Q Re v. St. Paul

R&Q Reinsurance Co. v. St. Paul & Marine Ins. Co., Civil Action No. 16-1473, 2017 WL 3272016 (E.D. Pa. Aug. 1, 2017) In a discovery dispute between a ceding company and its reinsurer, a federal court rejected the ceding company’s efforts to...

Five Towns Nissan v. Universal Underwriters

Five Towns Nissan, LLC v. Universal Underwriters Ins. Co. et. al., 2016 NY Slip Op 32316(U), 2016 N.Y. Misc. LEXIS 4347, 2016 WL 6916478 (Sup Ct. [NY Co.], Nov. 22, 2016) reargument denied (Feb. 8, 2017). This litigation concerns first-party insurance...

Sicari v. The Hartford Ins. Co.

Sicari v. The Hartford Ins. Co., Superior Ct. N.J., App. Div. (May 10, 2017) The New Jersey Appellate Division affirmed the Law Division’s grant of summary judgment in favor of MCW&G client, The Hartford Ins. Co.  In this case, plaintiff, Vince A....

Standard Security Life Ins. v. Berard

SECOND CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR MCW&G’S CLIENT ON HOCKEY PLAYER’S FRAUD COUNTERCLAIM Standard Security Life Ins. Co. v. Bryan Berard, 684 Fed.Appx. 56 (2d Cir. March 27, 2017) Bryan Berard, a former professional hockey player in the...

Stanley Jonas v. National Life Ins. Co.

STANLEY JONAS, ET AL. v. NATIONAL LIFE INS. CO., ET AL., No. 651733/2013, 2017 NY Slip Op 01438 Appellate Division, First Department (February 23, 2017) The Appellate Division, First Department, ruled in favor of the MCW&G’s client, an insurance...

U.S. Specialty Ins. Co. v. Catalent

MCWG client wins declaratory judgment in a $10 million lawsuit OVER coverage for Extortion Property Damage. U.S. Specialty Ins. Co. v. Catalent, Inc., No. 16cv4414 (DLC) The insured sought coverage for business interruption losses in excess of $10...

Lend Lease v. Zurich American

Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., 28 N.Y.3d 675 (2017) After a hard fought litigation, on February 14, 2017 the New York Court of Appeals ruled in favor of Mound Cotton’s clients, Zurich American Insurance Company, ACE American...

Florida Supreme Court Hands Policyholder Big Win

On December 1, 2016, the Supreme Court of Florida issued its highly-anticipated decision in Sebo v. American Home Assurance Company, Inc., No. SC14-897 (Fla. Dec. 1, 2016), which addressed the appropriate theory of recovery to apply when two or more...

MCWG granted summary judgment decision.

State Farm and Casualty Company a/s/o Robert Breier and Sabine Breier  V. Homesite Home Insurance Supreme Court New York State Nassau County, Index No. 5524/13 This matter involved State Farm’s claim against Homesite as subrogee of the...