Tag Archives: New York

Court Allows Consequential Damages Claim to Proceed

Tiffany Tower Condominium LLC sustained damages during Superstorm Sandy. In November 2012, the insured filed a claim with their insurer, Insurance Company of Greater New York, for damages sustained during the storm. Greater New York paid the claim out in December 2012. In September 2014, Tiffany Tower submitted a supplemental claim to Greater New York … Continue Reading

Bad Faith Claim Investigation May Subject Insurance Company to Private Remedies Under Consumer Protection Law

Last month, a New York Supreme Court affirmed that insurance companies are subject to that state’s consumer protection law, General Business Law § 349. In 37 West 24th Street, LLC v. Seneca Insurance Company, Inc., the trial court denied Seneca Insurance Company’s motion to dismiss the plaintiff’s claim under that statute.1… Continue Reading

New York Appellate Court Affirms Policyholder’s $58m Property Damage and Business Interruption Win

Never meet the enemy on their own terms. This memorable line from Rudolph Mate’s classic western, The Violent Men, motivates the hero, an embattled ranch owner, as he matches wits and brute force against a ruthless, greedy land baron. The hero’s struggle reminded me of the coverage showdown in National Union Fire Ins. Co. v. TransCanada,1 … Continue Reading

Can an Insured Recover from Their Insurance Broker If the Broker Fails to Obtain the Coverage Requested, or Misrepresents Coverage?

If an insurance broker fails to obtain the insurance coverage requested or misrepresents the scope or extent of coverage, does an insured have a claim against the broker when the insurance they expected to cover their loss does not as a result of the broker’s negligence?… Continue Reading

Homeowners and Renters May Soon Qualify for Policy Discounts

In 2016, New York Governor Andrew Cuomo signed legislation that permits insurers that provide homeowners and renters insurance for residential real property to offer discounts. Discounts will be offered to consumers who complete approved courses and/or install home improvements that mitigate damage to insured property caused by natural disaster and/or any other insurable event.… Continue Reading

New York Choice of Law

Insurance policies are complicated enough without getting into what law from what state will apply. Some policies have a special “choice of law” or “governing law” provision that allows the parties to agree that a particular state’s laws will be used to interpret the agreement even if the insured lives in a different state.… Continue Reading

Former Director of Hi-Rise Engineering is Indicted in New York

Former director of Hi-Rise Engineering, Matthew Pappalardo was indicted on a 50-count indictment stemming from Hi-Rise’s role in altering their engineering reports to defraud policyholders from monies owed due to Superstorm Sandy damage. Contained within the indictment were 25 counts of Forgery in the second degree, in violation of Penal Law Sect. 170.10(1) and 25 … Continue Reading
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