Michael Koblenz Quoted in The Real Deal

July 26, 2021
Partner Michael Koblenz, who represents the buyer in a real estate sale in the Hamptons, commented on the it in The Real Deal. He filed a complaint with the Department of State, alleging gross misrepresentation and exaggeration of the circumstances by...

Two New Special Counsel Join Mound Cotton, Expanding the Firm’s Insurance and Commercial Litigation Practices

Partner Kathleen DeLaney and Special Counsel Benjamin R. Messing joined earlier this year, as well as two new associates, expanding the firm’s footprint

This announcement appeared in PC360: People on the Move. NEW YORK — Mound Cotton today announced that two new Special Counsel are joining the firm, Vanessa Durante in the Houston office and Ethan Friedman in the Emeryville office. Ms. Durante was...

No Subject Matter Jurisdiction, No Exceptions to Statutory Prohibition Against Appeals – Peter Max v. Great American Security Insurance Co.

March 11, 2021

Subject Matter Jurisdiction; Statutory Prohibition Exceptions Against Appeals

Peter Max v. Great American Security Insurance Co., No. A-42-19, 2021 WL 922106 (N.J. Super. Ct. App. Div. Mar. 11, 2021) In Peter Max v. Great American Security Insurance Co., the New Jersey Appellate Division dismissed an appeal from an order...

Mountain Valley Indemnity Co. v. Hylton

December 1, 2020

“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...

Downstairs Cabaret, Inc. v. Wesco Insurance Co.

October 9, 2020

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...

Napoli Shkolnik, PLLC v. Greenwich Insurance Co.

September 18, 2020

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...

Passport Resorts LLC v. AmRisc, LLC

August 21, 2020

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.

June 9, 2020

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...

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

May 26, 2020

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.

May 12, 2020

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...

193 Hooper Street Condo v. Wesco Insurance Co.

January 10, 2020

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...

CLMS Management v. Amwins

December 26, 2019

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,...

Eubanks v. NYPIUA

December 17, 2019

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 Association...

Lamonica v. Hartford

November 27, 2019


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...

Gonzalez v. Archer Daniels Midland

November 19, 2019

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,...

The S.O. Beach v. Great American

October 31, 2019


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...

Luna v. Ponce Funeral Homes

October 30, 2019

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...

West Hudson v. Chubb

October 17, 2019

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...

Niagara Bottling v. Zurich

October 5, 2019

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...

Federal v. Anderson

September 27, 2019

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...

Gold Coast v. Underwriters

September 6, 2019

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,...

Danino v. Great American

September 5, 2019

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...

Valdiviezo v. Tower

July 5, 2019

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...

Pars Bronx v. Wesco

June 21, 2019

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...

V & D Properties v. Security National

June 14, 2019

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...

An-Jung v. Rower LLC

June 11, 2019

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...

Bylykbashi v. Public Service

June 3, 2019


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...

White Eagle v. Amrisc

June 3, 2019

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...