Q: What is an Examination Under Oath and do I have to appear at the Examination Under Oath requested by my insurance company? A: An Examination Under Oath (“EUO”) is a proceeding where your insurance company or its attorneys question you under oath regarding the facts and circumstances surrounding an insurance loss. Those questions are … Continued
When discussing the concept of insurance broker negligence and failure to procure insurance in New York, the discussion usually starts with talks of visiting a doctor or lawyer. When we go to the doctor, we hop onto the table with the understanding and hope that the doctor will examine us and tell us what we … Continued
I cannot even tell you how many times our firm has consulted individuals and families who have lost everything they own, and been displaced from their rental apartment following a casualty loss such as a fire or water damage. The first question I am always compelled to ask is whether they have property insurance and far … Continued
Q: What is Home foreclosure? A: Home foreclosure is a process by which a lender regains a property which they have financed. Typically, this is because the borrower or homeowner is behind on loan payments and can’t catch up. Unfortunately, this is often due to circumstances beyond a homeowner’s control. When the lender forecloses on … Continued
Supreme Court, Appellate Division, First Department, New York. LATIPAC CORP., Plaintiff–Appellant, v. BMH REALTY LLC, et al., Defendants–Respondents. Decided: February 2, 2012 DAVID FRIEDMAN, J.P. JOHN W. SWEENY JAMES M. CATTERSON DIANNE T. RENWICK NELSON S. ROMÁN, JJ. Goldberg Weprin Finkel Goldstein LLP, New York (Kevin J. Nash of counsel), for appellant. Greenblatt … Continued
We’re not just lawyers, we’re parents too. We love our kids they are very cute, but they are little vehicles of destruction. When you add four boys to the mix, the odds of sudden and “accidental” catastrophe is virtually guaranteed increasing the need for protection with property insurance! So when my 3-year old, with his big … Continued
Following a frozen pipe and significant property damages, the homeowner’s insurance company denied the insured’s claim alleging a failure to maintain heat at the premises. Furthermore, the insurance company further alleged that the premises was not “occupied” at the time of the loss. Utilizing certain ambiguities in the insurance policy, relevant and novel case … Continued
After a fire broke out in a unit above a retail store, the store sustained damages from water used by the FDNY. The insurance company denied the claim based upon the store’s alleged failure to have a smoke detector, as was required by the Protective Safeguard provision of their insurance policy. Greenblatt Agulnick, argued that … Continued
Insurance Company denied a claim arising from burglars entering a commercial property, breaking the walls and stealing copper piping from the walls. The burglars caused significant damage as a result of the breaking of the walls. Insurance company’s denial alleged that the destruction of the walls was the result of theft as such was not … Continued
As a result of the windstorm and rains from Irene, the insured’s house sustained damage to the roof and facia. The damaged roof allowed water to enter into the interior of the home causing major damage and mold. The insurance company denied the claim outright, claiming that the damage was the result of wear and … Continued