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Plaintiff’s untimely Notice of Claim cannot be deemed timely served

February 26, 2020

McCullum v. New York City Housing Authority, Index No. 25275/2016E (Sup.Ct. Bronx Cty. 2017) Plaintiff could not proceed with an action against the New York City Housing Authority where her notice was provided nine months after her accident, prejudicing defendant, and she failed to provide a reasonable excuse for the delay. Pursuant to Public Housing…

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Defendant driver goes straight, wins summary judgment.

February 26, 2020

Foreman v. Skeif and Foreman, Supreme Court, Bronx County, Index No. 304720/2010, March 27, 2013 A Bronx Court has granted defendant’s motion for summary judgment as to the issue of liability in a motor vehicle collision case. In the motion, the defendant driver established that he was not negligent by submitting evidence that when the…

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Climatological data supports summary judgment for parking lot owner: Court finds no actual or constructive notice of icy condition

February 26, 2020

Lakins v. 171 E.205th Street, Index No. 301868/2009 (Sup. Ct. Bronx Cty. April 1, 2013) Use of precipitation and sunset data made all the difference in a Bronx slip and fall action. Plaintiff claimed to have slipped on snow and ice in an open-air parking lot on a late January afternoon. On its motion for…

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Landlord not an additional insured for property damage under tenant’s policy: Court grants summary judgment to insurer

February 26, 2020

Cog-Net Building Corp. v. The Travelers Indemnity Company, and Russo Picciurro Maloy, LLC d/b/a RPM Insurance Agency, Index 100587/2010 (Sup.Ct. Richmond Cty. May 22, 2013) Justice Joseph J. Maltese granted motions for summary judgment by a defendant insurer and a co-defendant insurance broker in an action by a landlord under a commercial package insurance policy…

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Legislation Proposed to Ban Anti-Concurrent Causation Clauses in New York

February 26, 2020

Anti-concurrent causation clauses are currently valid and enforceable in New York. While there is scant case law analyzing ACC clauses in the context of Superstorm Sandy (given that New York has been spared, for the most part, a catastrophic hurricane-like event until Sandy), New York Courts have upheld such clauses in the context of other…

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New Jersey High Court Finds Limit to Flood Coverage for Sandy Damage

February 26, 2020

Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company, ___ N.J. ___ (A-85-15) (077617) (May 25, 2017) The New Jersey Supreme Court rejected an insurance policyholder’s interpretation of a property insurance policy’s limiting language and its position that “any policyholder not involved in the insurance industry is an unsophisticated policyholder”, and it enforced…

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Three-year delay in rejecting tender invalidates disclaimer based upon “Intra-Insured” exclusion

February 26, 2020

QBE Insurance Corporation, et al. v. Public Service Mutual Insurance Company, et al. (Appellate Division, First Department, Jan. 8, 2013) Click on this link to view additional information in pdf format A unanimous Appellate Division reversed a lower court decision and held that the defendant insurer has duty to defend and indemnify its additional insured…

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Jacobson elected President of the Harmonie Group

February 26, 2020

Abrams Gorelick founding partner Glenn A. Jacobson became President-elect of the Harmonie Group for a two-year term beginning January 2013. John Lund, a partner with the firm of Snow, Christensen & Martineau of Salt Lake City, Utah, began his term as President. The Harmonie Group is a national network of elite and vetted law firms…

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Court of Appeals finds additional insured endorsement requires insured to be proximate cause of injury giving rise to liability

February 26, 2020

A divided New York Court of Appeals has held that “where an insurance policy is restricted to liability for any bodily injury ’caused, in whole or in part’ by the ‘acts or omissions’ of the named insured, the coverage applies to injury proximately caused by the named insured”. Burlington Ins. Co. v NYC Tr. Auth.,…

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Abrams Gorelick releases Whitepaper on Superstorm Sandy coverge issues

February 26, 2020

Abrams Gorelick has released a Whitepaper discussing issues of concern in Superstorm Sandy-related insurance claims. The 20-page paper addresses multiple topics, including causation by wind or water; business interruption claims following disasters; Anti-concurrent Causation Clauses (ACCC); exclusions in commercial property policies relevant to wind and water claims; and tips for avoiding claims in New York…

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