William J. Mitchell Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC https://bmmplaw.com/tag/william-j-mitchell/ Attorneys At Law Thu, 14 Oct 2021 16:46:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://bmmplaw.com/wp-content/uploads/2020/08/cropped-Favicon-32x32.png William J. Mitchell Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC https://bmmplaw.com/tag/william-j-mitchell/ 32 32 New York Supreme Court Rules that a Service and Maintenance Contract is not a “Completed Operation” Until the Contract Term Ends https://bmmplaw.com/2020/new-york-supreme-court-rules-that-a-service-and-maintenance-contract-is-not-a-completed-operation-until-the-contract-term-ends/?utm_source=rss&utm_medium=rss&utm_campaign=new-york-supreme-court-rules-that-a-service-and-maintenance-contract-is-not-a-completed-operation-until-the-contract-term-ends Mon, 28 Dec 2020 23:26:45 +0000 https://bmpnylaw.com/?p=1196 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 […]

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]]> 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

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]]> BMMP’s William J. Mitchell Wins Dismissal of All Claims in “Insurable Interest” Case https://bmmplaw.com/2020/bmmps-william-j-mitchell-wins-dismissal-of-all-claims-in-insurable-interest-case/?utm_source=rss&utm_medium=rss&utm_campaign=bmmps-william-j-mitchell-wins-dismissal-of-all-claims-in-insurable-interest-case Fri, 14 Aug 2020 03:23:32 +0000 https://bmpnylaw.com/?p=1145 In Sabharwal v. Hyundai Marine & Fire Ins. Co., plaintiff transferring all of his right, title, and interest in real property he owned to an LLC.  After the property incurred flood damage. plaintiff asserted a first-party property damage claim against his homeowner’s insurer, claiming his membership in the LLC entitled him to coverage.  Upon a […]

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]]> In Sabharwal v. Hyundai Marine & Fire Ins. Co., plaintiff transferring all of his right, title, and interest in real property he owned to an LLC.  After the property incurred flood damage. plaintiff asserted a first-party property damage claim against his homeowner’s insurer, claiming his membership in the LLC entitled him to coverage.  Upon a motion to dismiss by BMMP’s William J. Mitchell, on August 5, 2020, the Supreme Court, Nassau County, found that plaintiff lost his insurable interest, and dismissed all claims against our client.

Read the decision here

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