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Hawthorne, NY (openPR) 21 February 2008 – 21 February 2008 –

Traub Lieberman Straus and Shrewsberry (Traub Lieberman) has two important decisions of the Court of New York detailed Appeal, the highest court of the state, the damage against an insurer to provide wrong coverage or payment refused under insurance for commercial properties.

In a summary prepared by Meryl R. Lieberman, Founding Partner, Traub Lieberman details of the potentially significant as Bi-Economy Market, Inc. v. Harleysville Insurance Company (2008 NY Slip Op 01 418) and Panasia Estates, Inc. v. Hudson Insurance Company (2008 NY Slip Op 01 419) will have on the insurance industry of commercial property.

identified in both views, the New York Court of Appeals that the failure to pay Harleysville Insurance Company, the full amount of the loss of income Bi-Economy was defined in the policy of commercial property insurance a breach of contract. The court found that all contracts which, by its very nature, characteristic of a deal in good faith. Any violation of these could in good faith to give damages above and beyond political boundaries.


Ms. Lieberman

item details, the conditions that damage may be price, and the main difference between the Court noted that “punitive damages” and “collateral damage”.

in a similar case, Hudson Insurance Company from a manufacturer not been charged to investigate a claim of commercial properties in a timely manner. If the application was reviewed three months later, the application of Hudson, the loss was passed index was rejected due to wear (as to the hedged risk). in a follow-up study of the Appeals Chamber whether the damage could be applied in this case, the Court answered yes, citing the decision of the Bi-Economy.

Court judgments are far from been unanimous. As noted in his summary Liberman two judges accused the majority of the abandonment of precedent that by simply changing the term “punitive damages” to “damage conequential. The dissent also notes how this decision will result in sweeping punitive damages, and no doubt will the punishment of underwriters lead honest.

Traub Lieberman has followed the developments of the two break, and will keep its customers on the impact of these decisions date. The complete summary of the two cases of Ms. Lieberman, as well as downloadable copies of the two views are now available for download at:

Http: / / www.traublieberman.com/news/2008/0220/

For more information about the author of this summary, please read to her resume:

Http: / / www.traublieberman.com/profiles/meryllieberman/

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TRAUB LIEBERMAN Straus & SHREWSBERRY LLP has earned a national reputation for excellence in legal representation. Our philosophy is quality legal representation are quickly and effectively. We focus on customer service and served our good reputation in the legal community, our customers and the company as well. Traub Lieberman has been recognized by many, including Martindale-Hubbell take the legal capacity in use and ethical standards. For more information, please visit our website at http://www.traublieberman.com.

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