New York Supreme Court Rules that a Service and Maintenance Contract is not a “Completed Operation” Until the Contract Term Ends

In Nouveau Elevator Industries v. N.Y. Marine & General Ins. Co., our client performed elevator service and maintenance through contracts at multiple locations.  In a move that affected dozens of underlying personal injury actions over several policy years, our client’s insurance carrier denied coverage, arguing that once the service technician left the property, the work was completed according to the definition of “completed operations” within the limitation.  The New York Supreme Court granted summary judgment in favor of our client, agreeing with our position that the service was not completed until the contract term ended.  BMMP partner William J. Mitchell briefed and argued the motion.

Read the decision here