Noteworthy Decisions

Walker v. State Farm Ins. Co. – Successfully defeated Carrier’s Summary Judgment Motion and subsequent Appeal. Held that Carrier failed to prove insured premises was not a 1-4 Family Dwelling or that Policy did not insure 1-4 Family Dwellings. Case proceeded to Trial with a Verdict in favor of the Insured and coverage based upon Insurance Agent Negligence, Waiver & Estoppel.

Jaybar v. Armato, et al – Successfully defeated Property Owner’s Summary Judgment Motion and subsequent Appeal against Contractor. Property Owner asserted allegations of Fraud, Conversion, Unjust Enrichment, RICO, and Piercing the Corporate Veil. Summary Judgment in favor of Contractor and case was Dismissed in its entirety.

Philadelphia Indemn. Ins. Co. v. Yeshiva Beth Hillel of Krasna Inc. – Successfully defeated Carrier’s Summary Judgment Motion and subsequent 2nd Circuit Appeal. Held that Carrier’s disclaimer of coverage was vague, untimely and no exclusion applied to bar coverage. Summary Judgment in favor of insured and coverage.

Saghizadeh v. Castlepoint Ins. Co. – Successfully defeated Carrier’s Motion for Summary Judgment, Motion for Leave to Renew and subsequent Appeal. Held that Carrier failed to meet the requirements of CPLR 2221(e). Case settled prior to Trial.

Preferred Contractors Ins. Co. v. Joseph & Sons B, LLC – Precedent setting decision regarding out-of-state Risk Retention Group Carriers’ “deceptive practices” relating to untimely disclaimers of coverage. Summary Judgment in favor of insured and coverage. (Supreme Court, Kings County, Index #012465/2015)

Randy Nasir Daniel v. Rema Realty LLC v. Ambrosino Construction – Trial Verdict in favor of Property Owner against General Contractor for failing to procure insurance policy covering Property Owner against claims of personal injuries for contractor’s injured employee. Award of full indemnification and Attorneys’ Fees. (Supreme Court, Kings County, Index #1586/2016)