Kobbel v. Underwriters Insurance

Insured purchased a foreclosure property occupied by a hostile tenant. After legal action by the insured an eviction was scheduled, however, the day prior to the eviction there was a fire at the building. Insurance company denied the claim based upon the insured’s alleged failure to comply with the protective safeguard provision of the policy requiring operable smoke detectors. Litigation was commenced with the insured relying upon the failure of the insurance company to establish he had either “knowledge of any impairment of a protective safeguard” or that he had “control” over the protective safeguard. Case settled prior to trial for $195,000.00

 

insurance claims, coverage, long island, lawyers, property, damage, NYC, insurance company denied the claim

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