NY High Court Grants Summary Judgement in

August 9, 2000

The Supreme Court of New York recently granted summary judgement in favor of New York Apple Tours Inc. by ruling that the company’s former insurer, TRM International Inc., had wrongfully and unlawfully cancelled NY Apple’s commercial risk insurance coverage.

Andersen Kill & Olick PC, the law firm representing the plaintiff (NY Apple), stated that in 1995, the tour company, in compliance with New York state law, purchased a one-year commercial general liability insurance and a one-year business automobile policy from TRM.

Although policy periods commenced on April 1, 1995, on December 6 of the same year, without prior, proper notice of cancellation, TRM notified NY Apple of a cancellation of the policies in a letter stating that NY Apple had allegedly failed to supply pertinent underwriting information. NY Apple had to immediately purchase replacement insurance.

Justice Barbara Kapnik, who granted NY Apple’s motion for summary judgement in the case, found that TRM’s purported justification for the cancellation did not strictly comply with either New York insurance law or the New York State Cancellation Endorsements contained within the insurance policies. An inquest to determine the extent of monetary damages due to NY Apple was schedu

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