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Brosamer & Wall, Inc. v. Zurich American Insurance Co.

“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 &...

Downstairs Cabaret, Inc. v. Wesco Insurance Co.

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...

Mountain Valley Indemnity Co. v. Hylton

“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...

Napoli Shkolnik, PLLC v. Greenwich Insurance Co.

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...

Pacquette v. Tower Insurance Co.

Suit Limitation Period

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...

Pan Am Equities, Inc. v. Lexington Ins. Co.

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”...

Passport Resorts LLC v. AmRisc, LLC

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...

Stein v. National General Insurance Co.

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...

193 Hooper Street Condo v. Wesco Insurance Co.

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...