Bad faith and consequential damages has long been a thorn in the New York plaintiff attorney’s side as they are virtually impossible to recover in most breach of contract actions. Recently, one plaintiff was able to recover attorney’s fees and costs by meeting the stringent standard set forth by New York case law.… Continue Reading
A New York policyholder submits to multiple examinations under oath during the investigation of a fire claim before retaining counsel. The question then becomes whether his examination under oath (EUO) testimony is admissible at trial and under what circumstances. A brief survey of my research is summarized below.… Continue Reading
This weekend, I was binging on the Netflix show “The Defenders.” In one of the first episodes, an earthquake hits New York City and a character comments: “Not a lot of people have earthquake insurance up here.” This got me thinking about endorsements to policies, and how likely is it that an earthquake large enough … Continue Reading
I recently received a call from a public adjuster who told me that his client’s property was flooded when a municipal water main broke which caused damage to his property when it flooded.… Continue Reading
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
In the New York class action suit, Mazzocki v. State Farm, 1 A.D.3d 9 (N.Y. 3rd Dept. 2003), the Appellate Court for the Third Department finally clarified the question regarding overhead and profit in actual cash value and replacement cost value claims.… Continue Reading
On July 5, 2017, the Second Department gave a very meaningful win for insureds. In McBride v. New York Property Insurance Underwriting Association,1 Nor’easter Nemo struck the insured’s home causing a failure of the electrical system. The failure of the electrical system caused water pipes in the home to burst, causing water damage. New York … Continue Reading
As discussed in my previous blog post regarding the tropical storm watch issued for parts of Long Island because of Hurricane Jose, as soon as damage is discovered, it should be reported to the insurance company, even if you think it is minor and not something that the insurance company will bother with.… Continue Reading
In advance of Hurricane Jose, a tropical storm watch was issued for parts of the Long Island and Connecticut. Although the storm is expected to stay out to sea, the area is expecting rain, rough surf, and wind and beach erosion.… Continue Reading
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
To paraphrase the film noir classic Asphalt Jungle, cyber-crime is a left-handed form of human endeavor. The District Court for the Southern District of New York has ruled in Medidata v. Federal Insurance Company,1 that a company duped via e-mail into wiring sums of money overseas by an unknown actor was covered under the company’s … Continue Reading
Recently we received a request from a reader inquiring as to who has the responsibility to determine whether a sustained covered loss to a dwelling can be repaired or must be replaced? We always urge a thorough reading of the policy first, to determine what coverages exist, but not all policies are clear. Here’s a … Continue Reading
More and more requests are coming in from our readers, and this in this post we are looking at Assignments of Benefits (“AOBs”) in New York.… Continue Reading
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
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
The “water damage” exclusion, which applies to a loss caused by “water which backs up through sewers or drains” plagued New Yorkers for decades, until Pichel v. Dryden Mutual Insurance Company, 117 A.D.3d 1267 (3rd Dept. 2014). In Pichel, the insured was an owner of an apartment building and brought an action against its property … Continue Reading
In part one of this series I reviewed broker negligence in New Jersey, in part two, I will discuss broker negligence cases in New York. Contrary to New Jersey where the claim is based in tort, New York allows an agent or broker to be sued under theories of either breach of contract or negligence. … Continue Reading
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
As a child of the 80s, I remember all the television commercials constantly reminding me “reading is fundamental,” and my English teachers testing me to see if I understood how a word or phrase in one part of a book was important to another section of a book. Little did I know, those commercials and … Continue Reading
I just finished giving a presentation about insurance contract interpretation at FAPIA’s fall conference, and it seemed very well received. It takes a special passion to keep people on the edge of their seats talking about such a nerdy topic.… Continue Reading
Public adjusters provide valuable services to policyholders. Even if a claim goes to litigation because of denial or disagreement, the public adjuster’s contract is still valid. A New York case decided yesterday, Public Adjustment Bureau, Inc. v. Greater New York Mutual Insurance Company,1 supports my point of view.… Continue Reading
Hurricane Sandy flood insurance cases are currently stayed in the Eastern District of New York until April 30, 2015, in order to allow the parties to focus on settlement discussions. The Hurricane Sandy Committee held a conference on April 14, 2015. . .… Continue Reading
Last year when I wrote about Five Towns Nissan v. Universal Underwriters Insurance Company, I mentioned that the case would likely be around in the appellate system, and that has proven true. Recently, a New York appeals court reversed the trial court ruling and held that the policy excludes flood loss and the several million … Continue Reading
Since many attorneys in our firm are litigating numerous Superstorm Sandy claims on behalf of policyholders in New Jersey and New York, this week’s post on calculating actual cash value will focus on these two states.… Continue Reading
