Versaille Sur La Mer v. Lexington

July 24, 2018

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

June 27, 2018

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

June 27, 2018

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

June 15, 2018

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...

Greenbrier v. Lexington

June 11, 2018

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...

Central W. Va. Airport v. Triad

May 10, 2018

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...

Petrilli v. Adirondack Ins. Exchange

May 10, 2018

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...

Paul Evert’s RV Country v. Universal Underwriters

April 25, 2018

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

April 10, 2018

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...

Trump Entertainment v. Lexington

March 14, 2018

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...

New Lahori Kebab v. 122-24 Lexington

March 13, 2018

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

February 20, 2018

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...

Pertef v. Public Service

January 18, 2018

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....

Greenbrier Hotel Corp. v. Lexington Ins. Co.

November 29, 2017
Greenbrier Hotel Corp. v. Lexington Ins. Co., No. 5:14-cv-15201, 2017 WL 589544 (S.D. W. Va. Nov. 29, 2017) This is one of very few recent decisions discussing the standard to apply under West Virginia law to review an appraisal award.  The decision is...

Jones v. FC USA, Inc., d/b/a Liberty Travel

November 14, 2017
Jones v. FC USA, Inc., d/b/a Liberty Travel, No. 17-1126, 2017 WL 5453497 (E.D.Pa. Nov. 14, 2017) MCWG successfully moved on behalf of its client, Liberty Travel, to dismiss a case filed in the Eastern District of Pennsylvania. The case, a negligence...

Barry Inn Realty v. Endurance American

September 21, 2017
Barry Inn Realty, Inc. v. Endurance American Specialty Insurance Company and M.G.I. Brokerage Inc. In this first-party property insurance matter, Plaintiff sought coverage after a fire damaged its building in the Bronx, New York. MCWG moved for summary...

R&Q Re v. St. Paul

August 1, 2017
R&Q Reinsurance Co. v. St. Paul & Marine Ins. Co., Civil Action No. 16-1473, 2017 WL 3272016 (E.D. Pa. Aug. 1, 2017) In a discovery dispute between a ceding company and its reinsurer, a federal court rejected the ceding company’s efforts to...

Sicari v. The Hartford Ins. Co.

May 10, 2017
Sicari v. The Hartford Ins. Co., Superior Ct. N.J., App. Div. (May 10, 2017) The New Jersey Appellate Division affirmed the Law Division’s grant of summary judgment in favor of MCW&G client, The Hartford Ins. Co. In this case, plaintiff, Vince A....

Bedrock Leasing v. Lexington Ins. Co.

April 27, 2017
Bedrock Leasing Corp. v. Lexington Ins. Co., No. N16C-08-084 EMD CCLD (Del. Super. Ct. Apr. 27, 2017) In this Hurricane Sandy litigation, the Delaware Superior Court granted MCWG client Lexington Insurance Company’s motion to dismiss on the basis of the...

Standard Security Life Ins. v. Berard

March 27, 2017
SECOND CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR MCW&G’S CLIENT ON HOCKEY PLAYER’S FRAUD COUNTERCLAIM Standard Security Life Ins. Co. v. Bryan Berard, 684 Fed.Appx. 56 (2d Cir. March 27, 2017) Bryan Berard, a former professional hockey player in the...

Javoroski v. Selectquote Ins. Svc., Inc.

February 27, 2017
Janeen A. Javoroski v. Selectquote Insurance SVC, Inc., et al., Index No. 4542-16 (Sup. Ct., Albany Co., February 21, 2017) (Richard M. Platkin, J.) The Court ruled in favor of Mound Cotton’s clients, insurance broker defendants on their motion to...

U.S. Specialty Ins. Co. v. Catalent

February 24, 2017
U.S. Specialty Ins. Co. v. Catalent, Inc., No. 16cv4414 (DLC) MCWG client wins declaratory judgment in a $10 million lawsuit OVER coverage for Extortion Property Damage. The insured sought coverage for business interruption losses in excess of $10...

Stanley Jonas v. National Life Ins. Co.

February 23, 2017
STANLEY JONAS, ET AL. v. NATIONAL LIFE INS. CO., ET AL., No. 651733/2013, 2017 NY Slip Op 01438 Appellate Division, First Department (February 23, 2017) The Appellate Division, First Department, ruled in favor of the MCW&G’s client, an insurance...

Lend Lease v. Zurich American

February 14, 2017
Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., 28 N.Y.3d 675 (2017) After a hard fought litigation, on February 14, 2017 the New York Court of Appeals ruled in favor of Mound Cotton’s clients, Zurich American Insurance Company, ACE American...

Abrar Deli v. Tower National Ins. Co.

January 27, 2017
Abrar Deli & Grocery Hylan Corp. v. Tower National Ins. Co., Index 100249/16 (Sup. Ct. [Rich. Co.], Jan. 27, 2017) This litigation arises out of an insurance claim for alleged water damage from Superstorm Sandy to a deli/grocery store on October 29,...

40 East Broadway v. The Charter Oak Fire Ins. Co.

January 23, 2017
Forty East Broadway Corp. v. The Charter Oak Fire Ins. Co., et. al., 2017 WL 318663, 2017 WL 375320, 2017 N.Y. Slip Op. 30131(U) (Sup. Ct. NY Co., Jan. 20, 2017) (Sup. Ct [NY Co.], Jan. 23, 2017) This litigation concerns a first-party property insurance...

MCWG granted summary judgment decision

July 2, 2016
State Farm and Casualty Company a/s/o Robert Breier and Sabine Breier V. Homesite Home Insurance, Supreme Court New York State Nassau County, Index No. 5524/13 This matter involved State Farm’s claim against Homesite as subrogee of the...