Narrative Opinion Summary
In Cohen v. Tri-State Consumer Ins. Co., the Appellate Division of the Supreme Court of New York affirmed a lower court's order granting plaintiffs summary judgment on the issue of liability in a breach of a homeowner's insurance policy case. The plaintiffs, Craig Cohen and others, filed a claim with the defendant, Tri-State Consumer Insurance Company, after their home sustained water damage from a clogged toilet. The defendant denied coverage citing an exclusion for water backing up through sewers or drains. The court determined that the plaintiffs established their right to summary judgment by demonstrating the existence of a valid insurance policy, that a loss occurred, a timely claim was filed, and that the loss was covered under the policy's terms. In contrast, the defendant failed to raise any factual issues regarding the applicability of policy exclusions. The decision, rendered on September 11, 2019, confirmed the lower court's ruling and awarded costs to the plaintiffs.
Legal Issues Addressed
Insurance Policy Exclusionssubscribe to see similar legal issues
Application: The defendant failed to introduce any factual issues regarding the applicability of an exclusion for water backing up through sewers or drains, leading to the court's decision in favor of the plaintiffs.
Reasoning: In contrast, the defendant failed to raise any factual issues regarding the applicability of policy exclusions.
Summary Judgment in Insurance Disputessubscribe to see similar legal issues
Application: The court affirmed the granting of summary judgment to the plaintiffs by establishing the existence of a valid insurance policy and that the loss was covered under the policy's terms.
Reasoning: The court determined that the plaintiffs established their right to summary judgment by demonstrating the existence of a valid insurance policy, that a loss occurred, a timely claim was filed, and that the loss was covered under the policy's terms.