Insurance Coverage

Insurance Coverage

Below is an example of our success:

Merzier v Allstate Plaintiff tripped and fall in sisters home where she rented a room. Allstate disclaimed claiming that plaintiff was a “resident relative of defendants household” who would be specifically excluded under the policy. While the motion court agreed with Allstate at a conference with the Appellate Division after appeal was perfected the matter settled for $250,000.

Kleynshvag v. GAN Insurance Co., Supreme Court, Appellate Division, Second Department (2005). (Insurance Case of the Year, New York Law Journal) In this action plaintiff was injured when his automobile was struck by a truck. The Department of Motor Vehicle records indicated that the truck was insured by GAN. However, GAN claimed that they never insured the vehicle. Mr. Berson attained a judgment of $125,000 on Kleynshvags behalf against the truck’s owner and then commenced an action against GAN to recover the judgment. While Mr. Berson was successful against GAN, the Supreme Court limited the recovery to $25,000 the minimum amount of coverage required by New York State law. On appeal Mr. Berson successfully recovered the full amount of the judgment plus interest and costs, approximately $225,000.

Insurance Company issued untimely disclaimer Vacca v. State Farm Ins. Co. 15 A.D.3d 473, 790 N.Y.S.2d 177 (N.Y.A.D. 2 Dept.,2005)

Insurance Cancellation Action Appellate Division, Second Department (2009) This action was settled for $750,000, the parties names are being withheld in accord with a confidentiality agreement. In this action the insurance carrier refused to defend or indemnify its insured for injuries arising from a motor vehicle accident. The insurer claimed that it had cancelled the insurance policy before the accident occurred. Mr. Berson was able to demonstrate to the Court, in a declaratory action, that the cancellation was ineffective and that the insurer consequently had to defend and indemnify its insured. The matter settled while on appeal with the insurance company paying $750,000.

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