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...
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Introduction “When will it end?” is a refrain that must be on many liability insurers’ minds when it comes to liability under commercial general liability policies issued decades ago. Many such policies contain anti-assignment clauses, the purpose of...
Introduction When will it end is a refrain that must be on many liability insurers’ minds when it comes to liability under commercial general liability policies issued decades ago. Many such policies contain anti-assignment clauses, the purpose of...
Partner Barry Temkin was recently quoted in an article in Investment News about a risk alert sent out by the Securities and Exchange Commission to advisers in regards to the overcharging of clients: “This might be a good opportunity for advisers...
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...
Mound Cotton Wollan & Greengrass LLP is pleased to welcome Counsel Laura F. Farrant, who will be joining our Florida office. Effective April 9, 2018
In a recent case, the United States District Court for the District of New Jersey held that an insured had no duty to defend an insured accused of falsely advertising the origin of its product. Albion Engineering Company, a New Jersey company, was sued...
In a recent case, the United States District Court for the District of New Jersey held that an insured had no duty to defend an insured accused of falsely advertising the origin of its product. Albion Engineering Company, a New Jersey company, was sued...
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Liability insurance policies do not provide coverage for injuries resulting from conduct that is “particularly reprehensible.” As a general rule, coverage is barred where the insured had an intent to injure. In most circumstances, courts apply a...
Liability insurance policies do not provide coverage for injuries resulting from conduct that is “particularly reprehensible.” As a general rule, coverage is barred where the insured had an intent to injure. In most circumstances, courts apply a...
Marriott Princeton Hotel & Conference Center April 9-10, 2018
On Jan. 17, 2018, the U.S. Supreme Court heard oral argument on the capital murder conviction of Robert McCoy, who was sentenced to death by a Louisiana court after his own lawyer told the jury he was guilty of a triple homicide. According to The New...
NEW JERSEY — On March 14, 2018, Lexington Insurance Company and Aspen Specialty Insurance Company received a decision from the Superior Court of New Jersey, Atlantic County, granting summary judgment against Trump Entertainment Resorts, Inc. and related...
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...
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....
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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...
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Congratulations! The ARIAS U.S. Board of Directors have approved Michael Goldstein for certification as an ARIAS U.S. Arbitrator.
Cybersecurity events, including hacking, are on the rise at law firms. A major professional liability insurer estimates that as many as 80% of the largest law firms in the U.S. have experienced data breaches recently.[1] Nor is external hacking the only...
In October 2017, President Trump declared the opioid epidemic a National Public Health Emergency. Three months later, it was confirmed that drug overdose deaths had increased significantly in 2016 to more than 63,600, with more than 42,200 attributed to...
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....
Click the link below to read the article. Finra: More than a quarter of arbitration awards go unpaid
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...
Congratulations to Michael Koblenz for graduating the Nassau County Citizen Police Academy.
In an unusual and noteworthy publicly-reported discovery battle between a cedant and reinsurer, the cedant sought to protect almost twenty years of historical reserving information relating to late notice of asbestos claims against its insured, on...
Illinois Union Ins. Co. v. Grandview Palace Condominiums Assoc. Corp., 155 A.D.3d 459 (1st Dep’t 2017) In this case, the New York State Appellate Division, First Department, overturned a lower court’s ruling that had denied Plaintiffs Great...
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...
The state of the law across the U.S. regarding insurance for construction defects under commercial general liability (CGL) coverage is an ever-changing landscape. Although numerous coverage issues continue to be debated, including the fundamental issue...
MCWG hosted its 4th annual reinsurance conference, a one-day educational and networking conference for experienced industry professionals. This highly-regarded event is a forum designed for learning from first rate speakers on important and wide-ranging...
Partner Barry Temkin was recently quoted in an article in Investment News about FINRA’s plan to compile a list of high-risk advisers for additional regulatory scrutiny. “I would be deeply concerned by the existence of some kind of list of...
This article,”Tips For Handling Workplace Substance Abuse Under ADA,” was updated and reprinted with permission from Law360, October 11, 2017. The opioid crisis has focused attention on workplace substance abuse like never before. In August,...
Since passage of the Dodd Frank Wall Street Reform and Consumer Protection Act in 2010, the momentum has been towards adoption of a uniform fiduciary standard for all financial advisers, whether registered representatives or registered investment...
Insurance policies commonly contain an exclusion for losses caused by “earth movement” or “subsidence.” Such exclusions typically exclude coverage for losses caused by earthquakes, landslides, mudflows, and earth sinking or shifting. Absent language...
Insurance policies commonly contain an exclusion for losses caused by “earth movement” or “subsidence.” Such exclusions typically exclude coverage for losses caused by earthquakes, landslides, mudflows, and earth sinking or shifting. Absent language...
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, 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...
Partner Amy Kallal and associate Maegan McAdam presented at RAA’s 2017 Re Claims: Navigating the World of Reinsurance Protection When Loss Strikes, on the topic: “Opioid Epidemic.” For more information, please visit:...
Introduction Two commonly used third-party discovery mechanisms available to parties in FINRA arbitrations are the subpoena and the order of production. While the functional purpose of these tools is the same and the procedure to obtain them is similar,...
This article, “Understanding Insurance Issues in Securities Arbitration and Mediation,” was reprinted with permission from the New York Law Journal, Volume 258—NO. 37 Wednesday, August 22, 2017. Insurance issues often influence the outcome...
An updated and expanded version of New Jersey Insurance Coverage Litigation – A Practitioner’s Guide, the book I co-authored, is now available. It has been over two years since the first edition of this book was published. In this second edition, my...
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...
Leases of real property often require the tenant to obtain liability insurance covering the premises and to name the landlord as an additional insured under the policy. The extent to which the landlord is entitled to coverage depends, at least in the...
This article was published in Law360 on June 23, 2017 by partners Philip Silverberg, William Wilson, and former associate Andrew Rice. This is part 2 of this article. You can find the first part here. On March 25, 2015, the district court issued an...
This article was published in Law360 on June 22, 2017 by partners Philip Silverberg, William Wilson, and former associate Andrew Rice. Corrosion exclusions have been commonplace in first-party property insurance policies for decades, as evidenced by the...
If you could count on anything, it would be that our partner, Dan Markewich, would spend at least a few minutes at each monthly partner meeting talking about the Mound Cotton Newsletter. The Newsletter was something he took pride in, often reminding the...
Following the financial crisis of 2008, the role of Chief Compliance Officer for financial institutions has been redefined, most notably by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. A review of recent regulatory enforcement...
Property insurance policies, like other insurance policies, contain an overall limit of liability, which is the maximum amount that the insurance company will pay for any given loss. In addition to an overall limit, policies may also contain “sublimits”...
This article was originally published by Bloomberg Law on May 17, 2017. Lawyers who maintain active social media presences should be aware of two recent opinions by ethics committees in New York discussing the extent to which lawyers’ postings on the...
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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 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...
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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....
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...
This article was originally published by Business Insurance on March 6, 2017. As more businesses come to realize that cyber attacks pose a serious threat to business operations, revenue streams and contingency planning, the market is starting to expand...
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 Firm’s client, an insurance broker,...
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, 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, 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...
The lawyers of Mound Cotton Wollan & Greengrass LLP mourn the loss of our brilliant and esteemed colleague, Daniel Markewich, who died on January 29 at the age of 76. Mr. Markewich passed peacefully, surrounded by family, after a long fight with...
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...
In this Superstorm Sandy case filed in the Supreme Court of New York, Queens County, the Court denied plaintiff’s motion to file an amended complaint against MCWG client New York Property Insurance Underwriting Association (“NYPIUA”). In this case, in...
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,...
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...
Mound Cotton Wollan & Greengrass congratulates its partner Frank J. DeAngelis on his confirmation as a judge of the Superior Court of New Jersey, Morris County. Frank started his career at Mound Cotton over twenty years ago and has been a valued...
This article accompanied a presentation Partner Jonathan Gross gave at the Defense Research Institute’s “Insurance Coverage and Claims Institute Seminar” on April 7, 2016 in Chicago. To read the full article, please click below. The article was also...
Lawyers who represent insurance companies, banks, insurance agents and other financial institutions in New York should be aware of new Department of Financial Services (DFS) cybersecurity regulations that become effective January 1, 2017. The new DFS...
Mr. Temkin spoke on on the topic, “Solicitation and Advertising by Corporate Lawyers.” For more information and to sign up visit this page.
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, 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...
Partner Costantino Suriano was a panelist on “Catastrophe Risk: Are We Ready?” at St. John’s University’s The Peter J. Tobin College of Business, School of Risk Management at the Insurance and Actuarial Science Conference, New...
Mound Cotton Wollan & Greengrass LLP 3rd Annual New York City Reinsurance Conference in collaboration with St. John’s University School of Risk Management, Insurance & Actuarial Science and Reactions Magazine: September 29, 2016 101 Astor Place,...
Northern Spy Food Co., LLC v. Tower Nat. Ins. Co., Index No. 650461/2014 This litigation involved plaintiff’s property insurance claim for food spoilage and loss of business income as a result of Superstorm Sandy. Plaintiff alleged that its restaurant...
MCWG is pleased to note that partner Costantino Suriano continues his role for the St. John’s University Center for the Study of Insurance Regulation as a member of its Advisory Board. The Center for the Study of Insurance Regulation enhances...
U.S. News and Best Lawyers have ranked law firms in 74 national practice areas and 122 metro practice areas for 2016. Mound Cotton Wollan & Greengrass has been ranked as a Tier 1 law firm in the N.Y. metropolitan area and in Tier 2 nationally in the...
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...
MCWG partners Costantino Suriano, Deanna Manzo, and associate Kelly Cheverko authored a White Paper on Fort McMurray Wildfires: “WHO IS THE CBI WINNER? An Oil-Producing City Evacuated Must Mean a CBI Claim is Coming to Some Insurer.” The...
American Conference Institute 3rd National Insurance Allocation Thursday and Friday, June 23-24, 2016 The Carlton Hotel, New York, NY Mr. Greengrass spoke on the topic “The Reinsurer’s View of Allocation.” For more information, click...
TV Realty v. Tower Ins. Co. of NY, Index No. 306589/2013 This litigation arose out of plaintiff’s insurance claim for alleged rain-water damage to its Bronx apartment building on December 27, 2012, which it did not report to Tower until January 10,...
American Conference Institute’s 4th Annual Advanced Forum on Captive Insurance May 2-3, 2016 The Carlton Hotel on Madison Avenue New York, NY Mr. Veach discussed the topic “Captives in Run-Off or Insolvency.” For more information and...
London Product Recall and Contamination Symposium 1 America Square 17 Crosswall London EC3N 2LB April 28, 2016 Mr. Weinstein discussed the history, current wording, trends and litigated issues involving these Crisis Management Products: Accidental...
ARIAS·U.S. Webinar – Sureties & Financial Guarantees – An Overview Tuesday, April 19th, noon – 1:15 pm EDT. Ms. Kallal served as moderator for the webinar, which included a review of the basics of suretyship in general and some key...
Re Claims Bermuda 2016 Navigating the World of Reinsurance Protection When Loss Strikes March 16-17, 2016 Hamilton Princess Hotel Hamilton, Bermuda Partner Lloyd A. Gura spoke on the topic: “Unique Issues Affecting the Reinsurance Industry Arising...
IRUA Claims and Underwriting Emerging Risks Educational Seminar March 9, 2016 Mound Cotton Wollan & Greengrass LLP One New York Plaza – 44th Floor New York, NY 10004 Mr. Gura presented on the topic: “Medical/Legalized Marijuana” –...
ENFORCEMENT & INTERPRETATION OF FIRST-PARTY INSURANCE POLICIES New Jersey Institute for Continuing Legal Education NJICLE, A Division of the NJSBA One Constitution Square New Brunswick, New Jersey 08901-1520 Thursday, March 31 New Jersey Law Center...
MCWG represented the Respondent, in opposition to her ex-husband’s petition for a downward modification of his child support obligation. Mr. Garetano argued that his 20 year old son was emancipated, and therefore, Mr. Garetano was no longer...
Partner Costantino Suriano participated in a workshop on the topic “Semi-Conductor Facility Losses” in Loss Executive Association’s 85th Annual Meeting & Educational Conference in Tampa, January 27 – 29, 2016. For more...
Mound Cotton’s partner Jeffrey Weinstein and associate Jared Markowitz co-authored “REBUTTAL: When Insurance Policies Are Enforced As Written.” The article was published by Law360 on January 26, 2016. It is reprinted with...
Partner Barry Temkin was quoted on 10/29/2015 in a National Law Journal article titled “Calculating the Hourly Rate of a Federal Agency Lawyer? It’s Complicated.” Commenting on the request of CFTC counsel for court-ordered sanctions...
In most duty to defend policies, the insurance carrier has the right to control the defense, including the appointment of counsel. Insurance carriers typically designate panels of approved law firms to defend policyholders in duty to defend cases, often...
The question presented is whether it is ethical for a lawyer to make a campaign contribution to a judge before whom the lawyer’s firm sometimes appears, or before whom the lawyer is appearing in a pending case. A related question is whether the lawyer...
NYCLA’s Ethics Hotline provides free, confidential advice to members concerning ethics questions that may arise in the course of their practice. The Hotline is staffed on a voluntary, rotating basis by members of the NYCLA Professional Ethics Committee,...
Since the 1987 decision of the United States Supreme Court in Shearson/American Express Inc. v. McMahon,[1] upholding the enforceability of an arbitration agreement in a securities fraud claim, the overwhelming majority of securities industry customer...
