Zigel v. US Underwriters Insurance

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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 covered under the policy. Litigation was commenced. Plaintiff won summary judgment by establishing that the destruction of the walls was a separate and distinct act from the theft of the pipes and as a matter of law did not “result” from the theft. Settled for $85,000.00.

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