Newsroom

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...

Liberty Mutual Fire Ins. Co. v. J&S Supply Corp.

September 29, 2017
Liberty Mut. Fire Ins. Co. v. J&S Supply Corp., No. 13-CV-4784, 2017 WL 4351523 (S.D.N.Y. September 29, 2017) As previously reported, Mound Cotton won summary judgment on behalf of Liberty Mutual in this third-party coverage action. The court held,...

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...

MZM Real Estate Corp. v. Tower Ins. Co.

April 7, 2017
MZM Real Estate Corp. v. Tower Ins. Co. of N.Y., 2017 N.Y. Slip Op. 30691(U), 2017 WL 1330494, 2017 N.Y. Misc. LEXIS 1292 (Sup. Ct. [N.Y. Co.] April 7, 2017) In this case, the Insured sued to enforce an appraisal award arising out of Superstorm Sandy....

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
MCWG client wins declaratory judgment in a $10 million lawsuit OVER coverage for Extortion Property Damage. U.S. Specialty Ins. Co. v. Catalent, Inc., No. 16cv4414 (DLC) 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...

Florida Supreme Court Hands Policyholder Big Win

December 1, 2016
On December 1, 2016, the Supreme Court of Florida issued its highly-anticipated decision in Sebo v. American Home Assurance Company, Inc., No. SC14-897 (Fla. Dec. 1, 2016), which addressed the appropriate theory of recovery to apply when two or more...

Five Towns Nissan v. Universal Underwriters

November 22, 2016
Five Towns Nissan, LLC v. Universal Underwriters Ins. Co. et. al., 2016 NY Slip Op 32316(U), 2016 N.Y. Misc. LEXIS 4347, 2016 WL 6916478 (Sup Ct. [NY Co.], Nov. 22, 2016) reargument denied (Feb. 8, 2017). This litigation concerns first-party 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...