Obtained summary judgment in favor of insurer in coverage action arising from alleged hurricane damage to roof and interior of insured’s home, where insured had waited nearly two years to notify insurer of damage and instead attempted to repair damage himself.

Represented insurance company in multimillion-dollar lawsuit involving claim for alleged sinkhole damage to shopping center complex, where insured waited several years to notify insurer of damage and sought coverage for business income losses suffered long after the last insurance policy expired. Moved for summary judgment on common law defenses (fortuity requirement and manifestation trigger) and policy defenses (late notice, faulty design exclusion, earth movement exclusion), paving the way for extremely favorable settlement.

Represented insurance company against $3.75 million claim for alleged water intrusion and mold damage to home. Prevailed in motion for summary judgment on mold exclusion and faulty design exclusion.

Represented commercial client against application to vacate arbitration award based on public policy grounds. Successfully argued that no public policy was violated and that, without transcript of underlying arbitration, records were inadequate for review on public policy grounds.

Represented insurer in multimillion-dollar business interruption and property damage lawsuit arising out of a theft of business inventory. The plaintiff, a wholesale distributor of souvenirs and novelty merchandise sold to large "big box" retailers, claimed that its storage container located outside of its warehouse facility was burglarized, causing substantial business interruption. Our diligent expert discovery efforts demonstrated that plaintiff could have replaced the stolen items within two to three months of the theft via Chinese or domestic suppliers. The matter was settled for less than 10 percent of plaintiff's original demand. 

Represented commercial insurer in litigation involving alleged Hurricane Wilma damage to a multiple building apartment complex located in Florida. Shortly after the hurricane, the insured determined that the property damage was well below the deductible and did not assert a claim with the insurer. More than four years later, a subsequent owner of the complex filed suit claiming rights under the policy pursuant to a purported assignment by the insured, seeking millions of dollars for alleged hurricane roof damage and interior property damage. On behalf of the insurer, we filed a motion for summary judgment based upon the application of New Jersey law and asserted that the plaintiff's claim filed five years after the date of loss was time-barred by the two-year suit limitation provision. While the summary motion was pending before the court, the action settled favorably for less than 8 percent of the claim exposure.

Filed declaratory judgment action on behalf of liability insurer regarding an employer's liability coverage dispute and successfully procured default declaratory judgment that the insurer had no further duty to defend the insured and had no duty to indemnify the insured. In this case, the insured reported a bodily injury claim involving plaintiff's alleged fall on the premises and advised it hired plaintiff to work temporarily, and plaintiff only worked there for two days.

Represented insurer in first-party coverage action in response to other insurers' claims under a builders risk policy for the cost of replacing a voided product warranty. The claim arose from the overspray activities of a paint subcontractor during building construction. The manufacturer of components subject to overspray voided its extended warranty. On behalf of the insurer, we defended the property insurer and maintained that the builders risk policy does not provide coverage because there was no "physical loss of or damage to covered property," and any loss or damage fell within the faulty workmanship exclusion. Ultimately, plaintiffs dismissed the suit with prejudice and no payments made by our insurer.

Represented insurance company in multimillion-dollar lawsuit involving claim for alleged sinkhole damage to shopping center complex, where insured waited several years to notify insurer of damage and sought coverage for business income losses suffered long after the last insurance policy expired. Moved for summary judgment on common law defenses (fortuity requirement and manifestation trigger) and policy defenses (late notice, faulty design exclusion, and earth movement exclusion), paving the way for extremely favorable settlement.

Represented insurance company against $3.75 million claim for alleged water intrusion and mold damage to home. Prevailed in motion for summary judgment on mold exclusion and faulty design exclusion.

Represented insurance company against claim for alleged sinkhole damage to insured’s home, reported and investigated several years after the policy lapsed and was replaced by another policy lacking sinkhole coverage. Prevailed in a motion to exclude anticipated testimony by insured’s chief expert witness, leading to favorable settlement.

Obtained summary judgment in favor of insurer in coverage action arising from alleged hurricane damage to roof and interior of insured's home, where insured had waited nearly two years to notify insurer of damage and instead attempted to repair damage himself.

Filed declaratory judgment action on behalf of boiler and machinery insurer involving a multimillion-dollar insurance claim for damage to a Miami Beach Hotel, and ensuing business losses, arising out of a 2017 electrical arcing event. We filed a motion for summary judgment which led to a partial summary judgment ruling rejecting the Hotel’s arguments to justify claims for significant additional recoveries under the policy – attempted re-calculation of the effect of the co-insurance provision and claimed extension of the period of restoration to include all delays encountered by the Hotel in resuming operations, including those significant delays associated with the permitting process. Shortly thereafter, the coverage action was favorably resolved.