Novikoff, Eagle and Gurdus Obtain a Trial Verdict in Favor of Seneca and Its InsuredsJuly 29, 2019 |
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.View Decision
- Kenneth A. Novikoff
- Alan C. Eagle
- Jason B. Gurdus