Real Estate Litigation News
Posted by: Michael Cuddy
March 08, 2010
Topic: Real Estate Updates
Marc Luxemburg and Michael Cuddy recently successfully represented a condominium suing for insurance coverage in a lawsuit by and owner. The client condominium was sued by an owner for personal injury and property damage due to exposure to second-hand cigarette and cigar smoke from an adjacent apartment. The condominium's insurer denied coverage on the grounds of late notification of the claim, asserting that notice was required upon the condominium's receipt the owner's first complaint of smoking. SBK investigated the events leading up to the filing of the suit and demonstrated to the insurer that there had been no "occurrence" requiring notification since there had not been repeated "exposure to harmful conditions" as those terms were defined by the policy. Thus, the insured's notification to the insurer promptly after being served with the complaint was timely. The insurer withdrew its prior declination of coverage and provided the client with a defense in the lawsuit.
Michael Cuddy also successfully represented a builder/developer in an action against an architectural firm and it principal for malpractice and breach of contract due to their failure to prepare drawings/plans which were approved by the Department of Building ("DOB"), after being retained on the project for over nine (9) months and despite multiple attempts by the builder/developer to obtain the required drawings/plans. The suit was settled for the full amount of the architect's liability policy limit after completion of disclosure and mediation by the parties.
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