Recently, GMR Partner Harlan Schreiber and Associate Victoria Tarasova successfully defended two appeals.
In Hereford Insurance Company v. 21 Century Chiropractic Care, 2024-06498, an insurer won summary judgment on its disclaimer of No-Fault benefits because the claimants failed to execute their examination under oath transcripts. On appeal, the Appellate Division First Department affirmed this decision, finding that the requests for execution of the transcripts were a condition of coverage and that the insurer properly requested them in accordance with the applicable regulations.
In the Matter of Hereford Insurance Company v. Sarben-Sarpong, 2023-08784, an insurer disclaimed uninsured motorist coverage because the claim was not related to the underlying collision. At the trial court level, the insurer was able to stay the claimants’ arbitration demands on the grounds that the issue of coverage was decided in a related declaratory judgment action. On appeal, the Appellate Division Second Department affirmed this decision, finding that the prior declaratory judgment action decision constituted res judicata and barred relitigating the coverage issue in arbitration.
