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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...