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 the failure was immaterial to the loss and there was no increased risk as a matter of law. The Court agreed.

Case settled prior to depositions for $55,000.00.