- Sammy v. 2001 Arthur Avenue LLC – Bronx County Supreme Court vacated a nearly $4 million default judgment against a Bronx building owner under CPLR 317, where the owner was served through an outdated Secretary of State address and never received notice of the lawsuit.
- Wellsville Manor LLC v. Great American Insurance Company – Successfully defeated Carrier’s Summary Judgment Motion in the U.S. District Court for the Eastern District of New York. The Court held that a roof missing its ballast layer during replacement was still a “roof,” rejecting the Carrier’s attempt to limit coverage under the policy’s rain limitation.
- Rivas v. United States Automobile Association – Successfully compelled Carrier to participate in Appraisal. Court held that Carrier’s partial denial of a frozen pipe claim did not excuse it from appraisal of the covered portions of the loss, where Insured’s appraisal demand excluded the one item subject to a coverage dispute.
- G.E.M.S. Partners LLC v. AmGUARD Ins. Co. – Successfully defeated Carrier’s Summary Judgment Motion in the U.S. District Court for the District of New Jersey. Court held that rain from Hurricane Ida overwhelming municipal sewers was not a “flood” under the policy, because the flood exclusion applies only to the overflow of a body of water, rejecting the Carrier’s argument that the exclusion barred coverage for the sewer backup.
- Fruchthandler v. Tri-State Consumer Ins. Co. – Precedent setting decision regarding Ensuing Loss Coverage. Summary Judgment in favor of Insured on Appeal. Reversal of lower court’s decision granting summary judgment to Carrier.
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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.
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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.
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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.
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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.
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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)
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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)
- Daniels v. Allstate Ins. Co. – Summary Judgment awarded to Insured where Policy was issued as a homeowner’s policy, but Insurance Agent admitted to being told that Insured had moved, which knowledge was imputed to Carrier. (Supreme Court, Bronx County, Index No. 6997/06)
- DrePaul v. Allstate Ins. Co. – Summary Judgment awarded to Insured where Policy was issued as a homeowner’s policy, but Insurance Agent admitted to being told that Insured had moved, which knowledge was imputed to Carrier. (Supreme Court, Bronx County, Index #22855/2012)
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