Monthly Archives October 2015

New York Court Dismisses Claims Against Insurer for Punitive Damages and Attorney’s Fees But Holds Consequential Damages Claim Can Move Forward in Bad Faith Action

In Millin v. Allstate Indemnity Co., et al., the insureds brought suit against Allstate for breach of contract and bad faith after Allstate partially denied their claim for water damage arising from a water leak in another apartment. Plaintiffs sought actual damages, consequential damages, punitive damages, and attorney’s fees. Allstate moved to dismiss Plaintiff’s claims for punitive damages, attorney’s fees, and consequential damages. Based on the law of New York, the court granted Allstate’s motion to dismiss the claims for punitive damages and attorney’s fees, but denied the motion as to consequential damages, finding that consequential damages are permitted when
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New York Court Holds That Questions of Fact Preclude Summary Judgment to Bar in Dram Shop Action

In Tansey v. Coscia, plaintiff brought a negligence action against a bar and other parties as a result of personal injuries sustained from an assault at the bar by another patron, Nicholas Coscia. Plaintiff alleged that the bar was negligent in unlawfully serving alcohol to Coscia because he was an underage and visibly intoxicated person under the Dram Shop Act. The defendant bar moved for summary judgment on the basis that there was no evidence that it unlawfully served alcohol to Coscia. The Supreme Court of Suffolk County examined the factual evidence in the case, including numerous depositions, and concluded
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New Jersey Federal Court Holds Ambiguous Denial Letter Tolls Suit Limitations Provision in Sandy Suit

The United States District Court for the District of New Jersey recently denied summary judgment to an insurer seeking to enforce the one year suit limitations provision of the insurance policy because the insurer’s denial letter failed to clearly disclaim coverage for the insured’s wind damage claim. In Liguori v. Certain Underwriters at Lloyd’s, London Subscribing to Policy #AJD8955, the insured filed suit 19 months after receiving the denial letter. While the insurer argued that the suit was time barred since it was filed more than one year after the denial, the insured maintained that the denial letter was insufficient
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