News

Second Circuit affirms verdict in warehouse loss against Travelers Insurance Company and confirms damage award of $1.1 million

On September 21, 2017, the Second Circuit Court of Appeals in Manhattan affirmed the District Court's decision finding that Travelers breached its contract with its insured, Warehouse Wine, and ...
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Court directs verdict in favor of Insurance Agent against Lincoln Benefit Life for unpaid commissions

The United States District Court in Nebraska directed a verdict in favor of a former Lincoln Benefit Life agent against the company as a result of the company's failure to pay him commissions in ...
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Jury Awards Insured $20 million in damages against its former insurance broker

On Friday, June 17th, at 5:00pm, a Federal Court jury in the Southern District of New York handed a second knockout blow to Alliant Insurance Services Inc., a national insurance brokerage firm that ...
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Jury Awards $1.2 M In Water Damage Claim; Finds Insurer Acted In Bad Faith

A jury in Supreme Court, New York County, after a one week trial and one hour of deliberation, found that Colonial Cooperative Insurance Company had failed to sustain its allegation that its ...
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New Developments In Business Interruption Claims From The Insured's Perspective

INTRODUCTION I. Property Damage Claims A. Covered Perils/Causation When reviewing coverage under a policy, you must first determine what type of insurance policy the inured maintains and what types of ...
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United States District Court Southern District Of New York

THE COURT: Right. MR. D’ANTONIO: In any event, your Honor thank you very much. And I don't think l have any thing further in summation. THE COURT: Thank you. Mr. Ginos, any very brief final comment? ...
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W&M Hits Carrier with Verdict in Excess of $1 Million Plus Damages for Bad Faith

In Apollo Express, Inc. and Mohamad Rammal v. Colonial Cooperative Insurance Company , plaintiffs sued its insurance carrier for damages stemming from an April 15, 1999 pipe burst and ensuing flood ...
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Second Circuit Hold "Marketing" Constitutes Advertising Thereby Triggering The Carrier's Duty To Defend

Reversing a District Court ruling, granting the carrier summary judgment, the Second Circuit held that allegations that the insured infringed on the trademark of another by improperly "marketing" ...
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Judge Rules Insurer's Failure To Pay Initial Repair Costs, Estops Its Defense On Replacement Value Claim; Jury Rejects Arson Allegation In $1.22 M Award

A jury in New York Supreme Court, Richmond County has awarded $1.22 million, with interest bringing the total to approximately $1.9 million, in a suit brought by a homeowner whose house was destroyed ...
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Loss Executives Association Mid-winter Meeting And Educational Program

MONDAY, JANUARY 21: 10:00 AM - 5 PM - Registration - hotel lobby. 6:00 PM - 8:00 PM - Welcoming reception (provided) TUESDAY, JANUARY 22: 8:30 AM - 9:15 AM - Business meeting (all registrants). 9:15 ...
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The Effects of Superstorm Sandy Has Put Insurance in the Forefront of People's Minds Once Again.

The effects of Superstorm Sandy has put insurance in the forefront of people's minds once again. It has become clear that many insurance claims remain unresolved. As a result, in an unprecedented ...
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Weg and Myers wins at the Court of Appeals

Reinstating a victory won at the Supreme Court level, the Court of Appeals, adopting the position advocated by Weg & Myers in its entirety, ruled that violation of New York City Administrative Code ...
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Property Damage Claims, Business Interruption Claims And Presenting The Claim

When reviewing coverage under a policy, you must first determine what type of insurance policy the inured maintains and what types of risks that policy insures against. For the most part, risks are ...
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Late Declination of Claim Dooms Insurer

In a successful appeal handled by Weg & Myers, the Appellate Division First Department held that notice from an insured's liability carrier notifying another carrier who insured the same entity as an ...
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Carrier Had Enough Information To Disclaim Coverage-failure To Do So Required Carrier To Defend And Indemnify

In 84 Drive Homes, Inc. v. Admiral Indemnity Company, Weg & Myers was successful in having Justice Doris Ling-Cohan of the Supreme Court, New York County, grant summary judgment in favor of the ...
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First Party Insurance Consequential Damages are here to Stay in New York

The Court of Appeals has upheld a first-party insured's right to obtain an award of consequential damages as a result of a carrier's failure to handle an insurance claim in good faith. In Bi-Economy ...
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Jury award against the New York City Transit Authority and its contractor for construction related damages upheld by Appellate Division

In an action brought by a landowner against the Transit Authority and its contractor, Weg and Myers P.C. was successful in obtaining a jury returned a verdict of $631,327.06 for damage sustained to ...
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Ambiguous Policy Exclusions Insufficient to Protect Insurers in Actions Stemming from Damage due to Collapse of World Trade Center

Weg and Myers P.C. was successful in having the Second Circuit Court of Appeals reverse a decision by the District Court for the Southern District of New York that granted summary judgment to the ...
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Second Circuit Holds "Marketing" Constitutes Advertising Thereby Triggering The Carrier's Duty To Defend

Reversing a District Court ruling, granting the carrier summary judgment, the Second Circuit held that allegations that the insured infringed on the trademark of another by improperly "marketing" ...
Continue reading "Second Circuit Holds "Marketing" Constitutes Advertising Thereby Triggering The Carrier's Duty To Defend" »

Judge rules insurer can not escape liability based on an assignment of a policy of insurance to an insured's successor in interest

At the conclusion of a bench trial in a declaratory judgment action brought by One Beacon Insurance Company the court awarded damages to the insured totaling $2.5 million. The bench trial followed the ...
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Loss Executives Association Meeting

In what has been billed as a first for the Loss Executives Association, this firm has been asked to speak at this "insurance company only" seminar and will speak on "How the Insured's Attorney will ...
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Judge Rules Insurer's Failure To Pay Initial Repair Costs, Estops Its Defense On Replacement Value Claim; Jury Rejects Arson Allegation In $1.22 M Award

A jury in New York Supreme Court, Richmond County has awarded $1.22 million, with interest bringing the total to approximately $1.9 million, in a suit brought by a homeowner whose house was destroyed ...
Continue reading "Judge Rules Insurer's Failure To Pay Initial Repair Costs, Estops Its Defense On Replacement Value Claim; Jury Rejects Arson Allegation In $1.22 M Award" »