News

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...