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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
On May 10, 2018, the judges of the West Virginia Mass Litigation Panel granted summary judgment in favor of New Hampshire Insurance Company on a $30 million claim arising from the March 2015 collapse of an airport runway extension. New Hampshire was the...
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...
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...
NEW JERSEY — On March 14, 2018, Lexington Insurance Company and Aspen Specialty Insurance Company received a decision from the Superior Court of New Jersey, Atlantic County, granting summary judgment against Trump Entertainment Resorts, Inc. and related...
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...
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....
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...
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....
