Welcome!

News Feed Item

Jaroslawicz & Jaros Convinces NY's Highest Court that Insurance Policy Limits Were 'Unreasonable'

In February 2014, the New York law firm Jaroslawicz & Jaros LLC secured a landmark ruling from New York's highest court that policy language frequently used by insurance companies to avoid paying claims is unreasonable and unenforceable in certain cases

NEW YORK, Feb. 27, 2014 /PRNewswire/ -- Jaroslawicz & Jaros has been litigating insurance cases for more than 30 years. As a result of their extensive experience in this field, the firm has been involved in many cases and appeals decided by higher courts. Many of these cases have helped shape and define New York's insurance laws. It comes as no surprise then, that the firm's New York City lawyers recently secured a favorable decision in the State's highest court regarding unreasonable insurance provisions.

The firm's case centered on two conflicting provisions common in New York "replacement cost" insurance policies—one stating that lawsuits to force an insurance company to pay the costs of replacement after a building is damaged by fire must be filed within two years after the fire; the other stating that a policyholder must replace the damaged property before filing the lawsuit. Although this policy language seems counterintuitive to many, insurance companies have used it for years as an excuse to avoid paying replacement costs to many owners of homes and commercial buildings, even though these policyholders paid premiums for this insurance. This particular case—Executive Plaza v. Peerless Insurance Company—involved a building that had experienced fire damage.

After an Executive Plaza building in Island Park was destroyed by fire in February 2007, Peerless Insurance refused to cover the replacement cost of new construction. Peerless claimed that because Executive Plaza failed to finish rebuilding after the fire within the two-year period stipulated on its $1 million policy, the company lost the right to demand payment for the costs it had to spend to rebuild. Executive Plaza filed suit against Peerless Insurance in 2009, before the two years was up, but Peerless argued that the lawsuit was brought too soon because construction was still in progress—and the case was dismissed.

When the company finished construction and sued for replacement costs again, Peerless again refused to pay, this time asserting that the suit was brought too late because it was not filed within two years after the fire—and the case was again dismissed.  Executive Plaza then retained Jaroslawicz & Jaros, who appealed, and the case came before the State Court of Appeals. Jaroslawicz & Jaros argued to protect the rights of policyholders who cannot reasonably replace damaged property within two years.

Attorneys David Jaroslawicz and David Tolchin at Jaroslawicz and Jaros—argued successfully on behalf of Executive Plaza, ultimately securing a decision from the Court that the time restrictions that insurance company attempted to hide behind were unreasonable in situations where repairs are time-consuming, such as in Executive Plaza's situation. The decision paves the way for Executive Plaza to receive the coverage it paid for, and will likely play a role in protecting future policyholders from unfair New York insurance practices.

SOURCE Jaroslawicz & Jaros, LLC

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
The emerging Internet of Everything creates tremendous new opportunities for customer engagement and business model innovation. However, enterprises must overcome a number of critical challenges to bring these new solutions to market. In his session at @ThingsExpo, Michael Martin, CTO/CIO at nfrastructure, outlined these key challenges and recommended approaches for overcoming them to achieve speed and agility in the design, development and implementation of Internet of Everything solutions with...
In their general session at 16th Cloud Expo, Michael Piccininni, Global Account Manager - Cloud SP at EMC Corporation, and Mike Dietze, Regional Director at Windstream Hosted Solutions, reviewed next generation cloud services, including the Windstream-EMC Tier Storage solutions, and discussed how to increase efficiencies, improve service delivery and enhance corporate cloud solution development. Michael Piccininni is Global Account Manager – Cloud SP at EMC Corporation. He has been engaged in t...
Cloud Expo, Inc. has announced today that Andi Mann returns to 'DevOps at Cloud Expo 2017' as Conference Chair The @DevOpsSummit at Cloud Expo will take place on June 6-8, 2017, at the Javits Center in New York City, NY. "DevOps is set to be one of the most profound disruptions to hit IT in decades," said Andi Mann. "It is a natural extension of cloud computing, and I have seen both firsthand and in independent research the fantastic results DevOps delivers. So I am excited to help the great t...
Every successful software product evolves from an idea to an enterprise system. Notably, the same way is passed by the product owner's company. In his session at 20th Cloud Expo, Oleg Lola, CEO of MobiDev, will provide a generalized overview of the evolution of a software product, the product owner, the needs that arise at various stages of this process, and the value brought by a software development partner to the product owner as a response to these needs.
In 2014, Amazon announced a new form of compute called Lambda. We didn't know it at the time, but this represented a fundamental shift in what we expect from cloud computing. Now, all of the major cloud computing vendors want to take part in this disruptive technology. In his session at 20th Cloud Expo, John Jelinek IV, a web developer at Linux Academy, will discuss why major players like AWS, Microsoft Azure, IBM Bluemix, and Google Cloud Platform are all trying to sidestep VMs and containers...
SYS-CON Events announced today that MobiDev, a client-oriented software development company, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place June 6-8, 2017, at the Javits Center in New York City, NY, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. MobiDev is a software company that develops and delivers turn-key mobile apps, websites, web services, and complex softw...
SYS-CON Events announced today that Enzu will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Enzu’s mission is to be the leading provider of enterprise cloud solutions worldwide. Enzu enables online businesses to use its IT infrastructure to their competitive ad...
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, discussed the best practices that will ensure a successful smart city journey.
In his session at 19th Cloud Expo, Claude Remillard, Principal Program Manager in Developer Division at Microsoft, contrasted how his team used config as code and immutable patterns for continuous delivery of microservices and apps to the cloud. He showed how the immutable patterns helps developers do away with most of the complexity of config as code-enabling scenarios such as rollback, zero downtime upgrades with far greater simplicity. He also demoed building immutable pipelines in the cloud ...
Choosing the right cloud for your workloads is a balancing act that can cost your organization time, money and aggravation - unless you get it right the first time. Economics, speed, performance, accessibility, administrative needs and security all play a vital role in dictating your approach to the cloud. Without knowing the right questions to ask, you could wind up paying for capacity you'll never need or underestimating the resources required to run your applications.
Traditional on-premises data centers have long been the domain of modern data platforms like Apache Hadoop, meaning companies who build their business on public cloud were challenged to run Big Data processing and analytics at scale. But recent advancements in Hadoop performance, security, and most importantly cloud-native integrations, are giving organizations the ability to truly gain value from all their data. In his session at 19th Cloud Expo, David Tishgart, Director of Product Marketing ...
Technology vendors and analysts are eager to paint a rosy picture of how wonderful IoT is and why your deployment will be great with the use of their products and services. While it is easy to showcase successful IoT solutions, identifying IoT systems that missed the mark or failed can often provide more in the way of key lessons learned. In his session at @ThingsExpo, Peter Vanderminden, Principal Industry Analyst for IoT & Digital Supply Chain to Flatiron Strategies, will focus on how IoT depl...
Adding public cloud resources to an existing application can be a daunting process. The tools that you currently use to manage the software and hardware outside the cloud aren’t always the best tools to efficiently grow into the cloud. All of the major configuration management tools have cloud orchestration plugins that can be leveraged, but there are also cloud-native tools that can dramatically improve the efficiency of managing your application lifecycle. In his session at 18th Cloud Expo, ...
The pace of innovation, vendor lock-in, production sustainability, cost-effectiveness, and managing risk… In his session at 18th Cloud Expo, Dan Choquette, Founder of RackN, discussed how CIOs are challenged finding the balance of finding the right tools, technology and operational model that serves the business the best. He also discussed how clouds, open source software and infrastructure solutions have benefits but also drawbacks and how workload and operational portability between vendors an...
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...