Decisions

Partner Barry Temkin secured a defense verdict in a legal malpractice case arising from advice provided to a financial advisor. The court confirmed that attorneys are not liable for malpractice simply because a client disagrees with their strategy after...

Mound Cotton partner Kevin Buckley and associate Rachel Horzempa Winship won a summary judgement dealing with a material misrepresentation in the application for an insurance policy and whether a predecessor’s guidelines for issuing an insurance policy is sufficient...

In this federal court litigation a facultative reinsurer denied a claim under a first party property policy based on an alleged oral settlement agreement reached in 2007, eleven years before the original claim was settled and only a short time...

Mound Cotton’s clients were dismissed from a coverage claim involving the application of a “Shelter Deductible” provision. The plaintiff, ABCNY Inc., brought a claim for a fire loss at one of its properties, the Hotel Artel, and challenged the application...

120 Lexington Avenue Corp. v. Wesco Insurance Co.

Wesco Insurance Company’s Motion to Dismiss was granted by the Supreme Court of the State of New York, Appellate Division, and the matter was remanded for consideration of the imposition of costs...

Gotham Industrial Services, Inc. v. Falls Lake National Insurance Company and ACE Property & Casualty Insurance Company, No. 653777/2022 (N.Y. Sup. Ct., N.Y. Cnty., Feb. 21, 2024).

Mound Cotton’s client, ACE Property & Casualty Insurance Company, was granted summary judgment...

Manjit L. Multani v. Castlepoint Insurance Company

This case involved an insurance claim for alleged fire damage to a home that was configured as a five-family dwelling, but insured as a one- or two-family dwelling. Multani commenced this action to...

Adirondack Insurance Exchange v. Mario DiMarco v. Michael G. Montag Insurance Agency, Inc. d/b/a MGM Associates of Rochester a/k/a MGM Insurance Associates

This case involved an insurance claim for alleged fire damage to one of two adjacent residential properties. The...

Lincoln Fritz & Kenneth Fritz v. Edward A. Kurmel Brokerage, Ltd. and Mountain Valley Indemnity Company 

This case involved an insurance claim for alleged fire damage to a home located in Brooklyn, New York. While investigating the claim, it was...

Florida Circuit Court Grants Mound Cotton’s Clients Dismissal of COVID-19 “Special Perils” Claim

Mound Cotton’s clients were dismissed with prejudice from a COVID-19 coverage action seeking “Special Perils” coverage.  The claim, brought by IMC Property Management and Maintenance, Inc.,...