TV Realty v. Tower Ins. Co. of NY, Index No. 306589/2013

This litigation arose out of plaintiff’s insurance claim for alleged rain-water damage to its Bronx apartment building on December 27, 2012, which it did not report to Tower until January 10, 2013.  By the time Tower was given access to plaintiff’s building, the entire roof had been replaced, and all of the allegedly damaged materials were discarded.  In addition, the investigation of Tower’s consultants, as well as the few pre-repair photographs provided by plaintiff, indicated that the loss was not caused by the minimal winds on the date of loss but, rather, an inadequate roof drainage system coupled with long-term wear and tear and plaintiff’s failure to maintain its property.  Accordingly, Tower moved for summary judgment based on, inter alia, plaintiff’s breach of policy conditions requiring prompt notice and for an insured to preserve allegedly damaged property for inspection.

The court agreed and granted summary judgment to Tower holding that plaintiff breached the conditions of the policy requiring prompt notice and to make damaged property available for inspection.  Specifically, the court held that there was not a “single valid excuse for plaintiff’s failure to notify Tower of the damages just before or just after notifying plaintiff’s public adjuster of the damages.”