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
Insurer owned a mixed use property with a restaurant rented to a tenant. A fire occurred in the kitchen of the restaurant, allegedly caused by ducts that were not properly cleaned and aggravated by the claim that the restaurant’s fire suppression system was not operable. The insurance carrier denied completely the claim stating that the … Continued
Following the vandalism and theft at a high end medical practice in Manhattan, the insurance company initially refused to provide coverage due to the fact the medical practice had vacated the space the night before and was preparing to turn the keys over to the landlord. The insurance company argued that the medical practice had … Continued
Following a severe windstorm, the roof of the insured’s commercial building sustained property damage which resulted in water damage to the interior. The insured’s claim was denied based upon no alleged evidence of windstorm damage. After being retained, Greenblatt Agulnick, successfully reopened the claim and through the use of photographic evidence and expert reports settled … Continued
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 … Continued
Immediately following the start up of a new swimming pool filtration system at a school facility a muriatic acid leak occurred which was not immediately addressed by the pool company, despite numerous complaints of acid smell. The acid quickly corroded A/C and HVAC systems, along with electrical components. Insurer denied the claim citing pollutant exclusions. … Continued
Following a major fire and an insurance claim, client filed suit for property damages attributed to the fire, and for which the insurance company denied liability. The attorneys at Greenblatt & Agulnick, P.C. pursued a claim for breach of contract and bad faith against the insurance carrier. With the assistance of expert testimony, the unpaid … Continued
Insurance company denied an insurance claim for catastrophic fire damage to a rental property. Insurance company alleged that the owner of the building caused the fire, relying upon expert reports indicating the presence of gasoline poured in two locations throughout the building. A lawsuit was commenced against Travelers in Federal Court. Discovery was completed and … Continued
During the course of the construction of a small commercial office building, subcontractor failed to properly shore vertical supports during excavation. As a result, the vertical supports shifted causing the building to partially collapse. Litigation for negligence was commenced against the contractor and subcontractor for lost rents, fines, and consequential damages. Settled following mediation for … Continued
What are the most common reasons why an insurance company would deny a property damage insurance claim? Insurance companies deny property damage insurance claims for a variety of reasons. Some policies only cover certain types of losses. These are called named peril policies. For example, basic named peril policies may not cover an unnamed peril … Continued