Homeowners Insurance
Statements in Bankruptcy Schedules Doom Insured's Ability to Later Claim Damages under Her Homeowner's Policy Based on Judicial Estoppel
A homeowner's statements in her bankruptcy case about property she owned have doomed the claim the subsequently filed under her homeowner's policy for damages she allegedly suffered as a result of a fire in her home based on judicial estoppel. Read More

Trial Strategy
The Timing for a Notice to Remove a Coverage Action
Generally speaking, a defendant has 30 days to file a notice to remove a case from state court to federal court. In most coverage cases, the deadline begins to run when the defendant receives the complaint. In some instances, however, the defendant does not know until a later point that the amount in controversy is sufficient to allow it to remove. A recent case found that later point to be after the plaintiff's admission that the amount in controversy exceeded $100,000. Read More

Homeowners Insurance
Lead Exclusion in Landlord's Policy Did Not Violate Public Policy, Appellate Court Holds
An intermediate appellate court in New York has affirmed a trial court's decision that a lead exclusion in a landlord's insurance policy did not violate public policy and barred coverage of a tenant's claims for bodily injury allegedly sustained as a result of lead poisoning. Read More

Homeowners Insurance
Did House Collapse or Just "Settle"? Appellate Court Decides on ... "Collapse"
An intermediate appellate court in New York has affirmed a trial court's decision that floors in a house that allegedly had dropped about four inches overnight had collapsed, and had not just settled, entitling the insureds to coverage under their homeowner's insurance policy. Read More