“Residence Premises” Exclusion
Mountain Valley Indemnity Co. v. Hylton, 2020 NY Slip Op 34347(U) (N.Y. Sup. Ct. Dec. 1, 2020) This case involved an insurance coverage dispute arising out of an underlying action for personal injuries allegedly sustained by the claimant when she...
Business Interruption / Estoppel
Downstairs Cabaret, Inc. v. Wesco Insurance Co., 187 A.D.3d 1642 (4th Dep’t 2020) This appeal concerned whether an insurance policy includes coverage for actual loss of business income when the declarations do not contain a limit for such loss, and...
Extra-Contractual Claims in Policy Dispute
Trim v. New York Property Insurance Underwriting Ass’n, Index No. 718936/2019 (N.Y. Sup. Ct. Sept. 23, 2020) The plaintiff sued New York Property Insurance Underwriting Association for additional recovery after NYPIUA paid for damage caused by a covered...
Professional Services / Late Notice
Napoli Shkolnik, PLLC v. Greenwich Insurance Co., Index No. 657246/2019 (N.Y. Sup. Ct. Sept. 18, 2020) Nearly two years after it was sued in federal court in Maryland, the law firm Napoli Shkolnik reported the suit to its professional liability...
Arbitration and Service of Suit Clauses
Passport Resorts LLC v. AmRisc, LLC, H046354, 2020 WL 4932287 (Cal. Ct. App. Aug. 21, 2020) Mound Cotton prevailed on an appeal of the denial of a motion to compel arbitration. The insured operated a luxury hotel in Big Sur, California. In February...
Proof of Loss / Documentary Evidence
Stein v. National General Insurance Co., 2020 N.Y. Slip Op. 31814(U), 2020 WL 3124237 (N.Y. Sup. Ct. June 9, 2020) This case involved the insured’s claim for water damage to his apartment caused by a broken pipe. After he reported the claim, the...
Application of Named Storm / Flood Deductible
Pan Am Equities, Inc. v. Lexington Ins. Co., 959 F.3d 671 (5th Cir. 2020) Lexington Insurance Company was involved in a $6.8 million Hurricane Harvey-related dispute regarding the application of a “Named Storm” deductible as opposed to a “Flood”...
Pacquette v. Tower Insurance Co., Index No. 5001153/19 (N.Y. Sup. Ct. May 12, 2020) The plaintiffs waited almost four years after a loss to commence an action against their insurer. Tower Insurance Company moved to dismiss the complaint on the ground...
Williams v. New York Property Insurance Underwriting Association, 183 A.D.3d 410 (1st Dep’t 2020) The Appellate Division, First Department, affirmed the grant of summary judgment to New York Property Insurance Underwriting Association, which argued that...
Hayden Asset VIII, LLC v. Public Service Mut. Ins. Co., No. 161751/2014, 2020 WL 1275533 (N.Y. Sup. Ct. Mar. 11, 2020) In this case, the insured made a claim for water damage as a result of a frozen sprinkler rupture. After the loss, the insured sold...
“Cost of Making Good” Exclusion
Brosamer & Wall, Inc. v. Zurich American Insurance Co., No. C 19-01872, 2020 WL 1031139 (N.D. Cal. Mar. 3, 2020) Mound Cotton won a significant victory on behalf of Zurich American Insurance Company in a case brought by its insured, Brosamer &...
First-Party Property / Water Overflow Damage
193 Hooper Street Condo v. Wesco Insurance Co., No. 657266/2017, 2020 WL 228355 (N.Y.Sup. Ct. Jan 10, 2020) Pursuant to a first-party property policy, Wesco Insurance Company denied a claim for water damage to a commercial structure. Specifically, the...
Extra-Contractual Claims in Policy Dispute
Aghadiunio v. New York Property Insurance Underwriting Ass’n, Index No. 80004/2019 (N.Y. Sup. Ct. Jan. 3, 2020) The plaintiff originally sued New York Property Insurance Underwriting Association pro se and filed an amended complaint pro se. Thereafter,...
