Second Department Affirms Dismissal of Claims of Breach of Contract and Specific Performance Against Insurers

Defendant Insurer moved for summary judgment dismissing the first and fourth causes of actions of the Plaintiff Insured’s complaint, which sought to recover damages for breach of contract (the insurance policy) and specific performance of the contract.  The trial court granted the motion and the Appellate Division, Second Department, affirmed. According to the court, the Insurer established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that, under the unambiguous provisions of the subject insurance policy that the Plaintiff’s alleged loss was excluded from coverage, and in opposition to that showing, the Plaintiff failed to raise a triable issue of fact. Partner Gil Coogler handled the case.

A copy of the decision can be found here: