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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, 2012, which the Insured did not report to the carrier until December 26, 2012.  Upon being notified of the loss, the consultant of MCWG client, Tower National Ins. Co. (“Tower”), attempted to inspect, but was denied access to the property because the Insured had been evicted, reportedly due to non-payment of rent.  In March of 2013, the carrier denied this claim because the Insured breached various Policy Conditions, including its duty to report claims promptly and to make damaged property available for inspection.  On March 9, 2016, more than three years after the loss occurred, the Insured commenced suit.  While the Insured attempted to avoid the application of the Policy’s two-year suit limitation provision by contending that the Policy’s terms are unconscionable and that the Insured was somehow manipulated into purchasing the Policy, the Court found those arguments lacked merit.  The case was dismissed based on breach of the insurance policy’s two-year suit limitation provision.

For inquiries about this decision , please contact partners Kevin F. Buckley or Daniel M. O’Connell.