The personal injury plaintiff, an HVAC contractor, alleged New York Labor Law claims against our client, alleging that a flying object that struck him created strict liability against the defendant homeowners. BMMP's William J. Mitchell filed a Motion to Dismiss the complaint, arguing that the defendant homeowners were exempt from such...
Supreme Court, New York County, Dismisses Claim of the Owner of an Over-Occupied House
On December 21, 2022, Judge Debra James granted our pre-answer motion to dismiss the complaint by a property owner seeking insurance coverage because the property owner over-occupied the subject house. In Xin Wang Chen v. Hyundai Marine & Fire Insurance Company, et al., BMMP's William J. Mitchell presented undeniable and...
New Jersey’s Supreme Court Upholds Insurer’s Right to Void Policy Based on the Policy’s Anti-Assignment Clause
In Jian Shen v. Hyundai Marine & Fire Ins. Co., BMMP’s William J. Mitchell argued that the insured lost her insurable interest in the property once she conveyed that property to an LLC, even though she controlled the LLC. The Supreme Court of the State of New Jersey denied the plaintiff's petition...
Supreme Court, Rockland County, Grants Summary Judgment on Material Misrepresentation Issue
Judge Thomas P. Zugibe of the Rockland County Supreme Court granted summary judgment to our client, the defendant insurer, based on the plaintiff's material misrepresentations when he applied for his dwelling policy. In Najman v. Hyundai Marine & Fire Ins. Co., Ltd., the plaintiff argued that the defendant insurer knew...