Attorneys Karen Berberich, Caroline Hock, and Amanda Dickens win Appeal in First Department
Karen Berberich, Caroline Hock, and Amanda Dickens prevailed before the Appellate Division, First Department, affirming the trial court’s decision to dismiss an action brought against our client, a large insurance carrier. The coverage dispute at issue stemmed from a slip and fall incident at a property in Bronx County. The property owner sought coverage and indemnification from the carrier for the damages claimed in the underlying personal injury case.
Caroline and Amanda drafted the brief on behalf of the client and Karen argued it before the Court. They asserted that the carrier properly disclaimed coverage and the coverage action against the carrier should be dismissed. They argued that the named insured did not reside at the subject premises; thus, the premises did not qualify as an “insured premises” under the terms of the policy. Further, because the property was being rented to tenants, the alleged injuries arose from the business activities of the named insured. Accordingly, coverage was further barred by the business activities exclusion.
The Appellate Division agreed with our arguments, and unanimously affirmed the decision of the Bronx County Supreme Court dismissing the case against the client.
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