The Insurance Services and Coverage Litigation Group has extensive appellate experience in State and Federal Courts nationwide. Among the significant issues presented to appellate courts by our office are the following:

• Roundabout Theatre Co. v. Continental Cas. Co., 302 A.2d 1, 751 N.Y.S.2d 204 (1^st Dept. 2002). In the absence of damage or injury to covered property, no coverage under business interruption policy for losses sustained by adjoining property owners due to evacuation of area. Order granting client's motion for summary judgment.

• National Union Fire Ins. Co. of Pittsburgh, Pa. v. The Pep Boys - - Manny Moe & Jack, 304 A.D.2d 218, 759 N.Y.S.2d 42 (1^st Dept. 2003). No duty to defend or indemnify a retailer under its commercial general liability policy for consumer fraud class action, notwithstanding existence of allegations of negligence. Order granting client's motion for summary judgment.

• National Union Fire Ins. Co. of Pittsburgh, Pa. v. Hartford Ins. Co., 248 A.D.2d 78, 677 N.Y.S.2d 105 (1^st Dept. 1998), aff'd, 93 N.Y.2d 983, 695 N.Y.S.2d 740 (1999). Rejecting collateral estoppel and awarding co-insurance to client. Terms of policy control over underlying trade contract. Order granting summary judgment to client. 

• New York City Transit Authority v. Fireman's Fund Ins. Co., 288 A.D.2d 13, 732 N.Y.S.2d 161 (1^st Dept. 2001). No coverage under Owners and Contractors Protective Liability Policy for owners' own affirmative negligence in serious electrocution accident. Order granting summary judgment to client.

• Hartford Underwriters Ins. Co. v. American International Group, Inc., 300 A.D.2d 24, 751 N.Y.S.2d 175 (1^st Dept. 2002). No coverage available under construction project wrap-up policy for subcontractor not approved or enrolled into insurance program by project owner. Summary judgment granted to client.

• HRH Construction Corp. v. Forest Electric Corp., 299 A.D.2d 282, 750 N.Y.S.2d 74 (1^st Dept. 2002). Subcontractor's failure to provide general contractor with information about purchase of retroactive coverage created factual issue about subcontractor's breach of the implied covenant of good faith and fair dealing. Adversary's motion for summary judgment denied.

• Eagle Transfer Corp. v. Greater New York Mut. Ins. Co.., 291 A.D.2d 205, 736 N.Y.S.2d 863 (1^st Dept. 2002). Summary judgment awarded to insurance carrier found to have properly disclaimed coverage on grounds of late notice. Broker's affidavit about standard practices insufficient to raise a question of fact about the carrier's failure to receive notice.

• Muhl v. AIG Multi-Line Syndicate, Inc., 236 A.D.2d 235, 654 N.Y.S.2d 292 (1^st Dept. 1997). Liquidator denied recovery of reinsurance proceeds, interest owed on net premiums returned due to rescission of reinsurance contracts.

• Polarome Mfg. Co., Inc. v. Commerce & Indus. Ins. Co., 310 NJ Super 168, 708 A2d 450 (N.J. Super. 1998). Choice of law analysis undertaken by New Jersey court, which applied New York law to the question of whether an insurer can assert late notice without a showing of prejudice. Summary judgment awarded to insurer.

• Lexington Ins. Co. v. Combustion Engineering, 264 A.D.2d 319, 693 N.Y.S.2d 146 (1^st Dept. 1998). Considering the effect of an earlier release and settlement agreement on allocation of more than 200,000 asbestos claims to excess policies issued between 1973 and 1986. Declaration entered relieving excess insurer from liability on policies issued after 1977.

• Monteleone v. Crow Const. Co., 242 A.D.2d 135, 673 N.Y.S.2d 408 (1^st Dept. 1998). The intent and effect of absolute employee bodily injury exclusion was to bar coverage, and, reading exclusions seriatim, no ambiguity presented by other policy terms. Summary judgment awarded to insurer.