Brenner v. Hermitage Ins. Co., 2018 NY
Slip Op 32667(U), 2018 WL 5261037 (NY Co. Sup. Ct., October 16,
2018)
The Brenner case involved a first-party
property dispute in which the insured landlord made a claim under
his policy following vandalism damage to an
investment building he rented entirely to a tenant.
Hermitage denied coverage on several grounds, including that
the damage to the premises was due to wear and tear by the
tenant's occupancy.
On April 29, 2016, plaintiff commenced suit against Hermitage
alleging that the loss occurred on April 30, 2014.
Thereafter, Hermitage discovered evidence that the loss occurred
earlier. Specifically, responses to Freedom of Information Act
requests showed that plaintiff had entered into a hold
harmless agreement with the Town of Hempstead on April 11, 2014, in
which the premises was described as being uninhabitable and damaged
as of that date. In addition, plaintiff had described in a
written request for police
