TELS - PRWeb Press Release Group http://www.rsspad.com/rss2/7020.xml Traub Eglin Lieberman Straus - Powered by PRWeb and RSSPad en xml@emediawire.com xml@emediawire.com 30 NY Court of Appeals Permits Consequential Damages Against Commercial Property Insurers Found to Have Wrongly Denied Coverage or Delayed Payment http://www.prweb.com/releases/2008/02/prweb714363.htm In a pair of potentially far-reaching decisions, the New York Court of Appeals has confirmed that consequential damages may be sought against a commercial property insurer found to have wrongfully denied coverage or delayed payment. In its rulings, New York State's highest court determined that all contracts with insurers featured a covenant of good faith that, when breached, could give rise to consequential damages. Two dissenting Judges noted that these decisions are simply changing the label of "punitive damages" to "consequential damages," which could result in the punitive punishment of honest insurers. New York law firm Traub Lieberman has published an article on the subject, in which one of its founding partners discusses the potential impact these rulings could have on the property insurance industry. (PRWeb Feb 21, 2008)

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]]> http://www.prweb.com/releases/2008/02/prweb714363.htm Federal and New York State Courts Reaffirm That No Inherent Fiduciary Duty Exists Between Insurance Companies, Brokers and Clients http://www.prweb.com/releases/2006/09/prweb436655.htm The insurance industry continues to defend itself against lawsuits alleging the existence of a fiduciary duty between insurance companies, insurance brokers and clients. Lisa Shrewsberry, a partner with the New York law firm of Traub Eglin Lieberman Straus, recently defended two such cases in both federal and New York state courts. Both courts agreed with Shrewsberry's argument that under New York law, insurance companies and their representatives generally do not owe a fiduciary duty to those insure. The relationship between insurer or broker and client is a common commercial relationship, even if the company or its broker maintains a long-standing personal relationship with the client. (PRWeb Sep 13, 2006)

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]]> http://www.prweb.com/releases/2006/09/prweb436655.htm TELS Attorneys Win Rare Motion for Summary Judgment on Lack of Proximate Cause in Playground Accident http://www.prweb.com/releases/2006/09/prweb433066.htm The New York law firm of Traub Eglin Lieberman Straus won a rare motion for summary judgment on the issue of proximate cause, which stemmed from an unusual playground accident. In the incident, a five year old girl hit the base of a temporary fence on a playground, suffering significant injuries. The girl and her family later sued, alleging that the fence contractor was negligent in placing the hazardous fence in the playground. TELS attorneys countered that the Plaintiff was the sole proximate cause for her injuries, and filed a motion for summary judgment. The New York court granted the rare motion, finding that the Defendants did not bear responsibility in this case. (PRWeb Sep 7, 2006)

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]]> http://www.prweb.com/releases/2006/09/prweb433066.htm New York Court Finds Iron Worker Who Fell Thirty Feet at Construction Site to Be Sole Proximate Cause of His Accident http://www.prweb.com/releases/2006/06/prweb393956.htm An iron worker who was loading steel from one floor of a building to another tripped and fell 30 feet. After sustaining multiple injuries, he sued for $2 million, claiming multiple violations of New York's Labor Code. TELS attorneys filed a motion for summary judgment, arguing that the iron worker was the sole proximate cause of his accident and, ultimately, his injuries. The Supreme Court in Westchester County agreed, dismissing the multi-million dollar claim in its entirety. (PRWeb Jun 5, 2006)

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]]> http://www.prweb.com/releases/2006/06/prweb393956.htm Gerard Benvenuto Named Partner of Traub Eglin Lieberman Straus LLP http://www.prweb.com/releases/2006/04/prweb373269.htm Gerard Benvenuto, an attorney in the New York office of Traub Eglin Lieberman Straus LLP, has been promoted to Partner. His experience in product liability and medical malpractice have earned him a reputation as a tenacious litigator. (PRWeb Apr 17, 2006)

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]]> http://www.prweb.com/releases/2006/04/prweb373269.htm Multi-Million Dollar Lawsuit Alleging Brain Injury From Natural Gas Exposure Thrown Out by New York Court http://www.prweb.com/releases/2006/02/prweb349803.htm In a multi-million dollar lawsuit, a plaintiff alleged that she had been exposed to toxic levels of natural gas after a gas line break. She alleged that the natural gas caused brain damage and respiratory issues. (PRWeb Feb 22, 2006)

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]]> http://www.prweb.com/releases/2006/02/prweb349803.htm New York Court Denies Plaintiff’s Motion in Case Involving Injured Drywaller Alleging Labor Law Violations http://www.prweb.com/releases/2006/01/prweb339327.htm Attorneys from the New York law office of Traub Eglin Lieberman Straus LLP recently defeated a plaintiff's motion for summary judgment. In the case, a drywall construction worker in Brooklyn fell from a ladder, later claiming damages against his employer. In court, TELS presented evidence that other safety equipment was present at the Brooklyn construction site that the drywall worker could have been using, but did not. After hearing the evidence, the court dismissed the Plaintiff's motion for summary judgment, ruling that the Plaintiff may have been the sole proximate cause of the accident. The case now moves to the trial stage, but TELS' recent victory demonstrates that trial courts are starting to take a closer look at Labor Law cases after recent decisions by the New York Court of Appeals, and not granting summary judgment for plaintiffs simply because a construction worker fell from a ladder. (PRWeb Jan 31, 2006)

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]]> http://www.prweb.com/releases/2006/01/prweb339327.htm New Jersey Court Holds Claims-Made Insurance Policy Without Retroactive Coverage Is Valid and Enforceable http://www.prweb.com/releases/2006/01/prweb333129.htm In a precedent-setting case, a New Jersey court found that claims-made insurance policies that did not include retroactive coverage could be valid and enforceable. An insurance company had offered a home inspector retroactive coverage, but the inspector had declined it when he purchased the insurance policy. The inspector later sued the insurance company, claiming that a liability policy without retroactive coverage was illegal and violated New Jersey public policy. Representing the insurance company, TELS attorneys demonstrated that the insurance company provided many written opportunities, in easy-to-understand language, for the inspector to purchase the retroactive coverage; however, each time the inspector had declined the coverage. Given the facts of the case, The Superior Court of New Jersey in Essex County ruled that the policy did not violate New Jersey public policy and was perfectly legal. (PRWeb Jan 16, 2006)

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]]> http://www.prweb.com/releases/2006/01/prweb333129.htm Trial Court Dismisses New York Labor Law Suit in 20-Foot Fall From Ladder Resulting in Brain Injury http://www.prweb.com/releases/2005/12/prweb325681.htm In a recent case involving millions in potential damages, an employee sued his employer alleging that he was entitled to protection under New York's Labor Law. The employee had fallen off a 20-foot ladder, and suffered severe injuries, including brain damage. TELS attorneys represented the employer and, on motion for summary judgment, were able to demonstrate to the Supreme Court of the State of New York (County of Nassau) that the employee was involved in routine maintenance. Because he was not making substantial changes to the building, he was not entitled to extraordinary protections under New York's Labor Law. The Court agreed, and dismissed the entire case with prejudice. While open to interpretation, this case and others like it may demonstrate a trend towards a narrowing, more restrictive view of the Labor Law. (PRWeb Dec 27, 2005)

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]]> http://www.prweb.com/releases/2005/12/prweb325681.htm Appellate Court Confirms Insurance Agents Not Liable After Death of Insured for Alleged Misrepresentations in the Absence of a Fiduciary Duty http://www.prweb.com/releases/2005/12/prweb316468.htm Traub Eglin Lieberman Straus won reversal of a $1 million verdict that found an insurance agent responsible for misrepresentations in a life insurance application. Two policies were rescinded when it was discovered, after the insured's death, that the decedant had made material misrepresentations in the life insurance policies. The family sued the insurance agent and won in the lower courts, arguing the insurance agent should have advised her of the importance of providing truthful answers on the policy applications. On appeal before the Supreme Court of the State of New York, County of Nassau, Jonathan Harwood of TELS argued that a fiduciary duty did not exist, and the agent was not the proximate cause of the rescission of the policies. The court agreed with TELS' legal arguments, and overturned the lower court's verdict. (PRWeb Dec 2, 2005)

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