Novikoff, Eagle and Gurdus Obtain a Trial Verdict in Favor of Seneca and Its Insureds

Ken Novikoff, Alan Eagle and Jason Gurdus obtained a verdict in favor of Seneca Insurance Company and its insureds against another carrier in a trial before Judge Carol Bagley Amon in the United States District Court, Eastern District of New York.  The other carrier refused to pay $1 million under its policy for an underlying personal injury action.

After successfully obtaining summary judgment against the other carrier knocking out all but one of the other carrier’s claims, a bench trial was held on the remaining claim as to whether the “construction-related exclusion” applied.  After a two-day trial, the Court agreed with Seneca and its insureds that the “construction-related exclusion” in the other carrier’s policy did not apply under the circumstances of the case and that it was consequently obligated to provide coverage.

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