Forty East Broadway Corp. v. The Charter Oak Fire Ins.
Co., et. al., 2017 WL 318663, 2017 WL 375320, 2017
N.Y. Slip Op. 30131(U) (Sup. Ct. NY Co., Jan. 20, 2017)
(Sup. Ct [NY Co.], Jan. 23, 2017)
This litigation concerns a first-party property insurance
claim under a policy issued by MCWG client, Tower Insurance Company
of New York ("Tower"), and other insurers, for damage to
a building as a result of activity at a neighboring construction
site. The Insured/Plaintiff, Forty East Broadway Corp., was
the owner of a building that was undermined during neighboring
excavating operations, which resulted in the Insured's building
leaning. Damage to the building was first noted in July
2008. By early September there had been significant movement
of the Plaintiff's building, which prompted the city to order
its demolition. Thereafter, the Plaintiff made an
insurance claim against Tower for the loss, but since the insurance
policy only provided coverage for certain
