A New York court has ruled in favor of an electrician seeking recovery of unsatisfied judgment from his employer and its insurance company after being injured on the job.
Pramendra Persaud was injured after falling off of a balcony while doing electrical work for Vishwa Sooklall and his company, Future Home Builders Inc., a Woodland Hills, Calif., based contractor. When Persaud and his wife sought to recover damages for personal injuries against Sooklall and Future Home, the company’s insurer, Liberty Corner, N.J., headquartered Everest National Insurance Co., refused to cover the claim because of late notice. The Persauds then obtained a default judgment against Sooklall and Future Home, seeking a sum of $20 million.
Everest moved to dismiss the complaint, and the request was originally granted by the New York State Supreme Court of Queens County on April 1, 2014 after the Persauds did not oppose the motion. However, the Persauds later argued that their default in opposing Everest’s motion to dismiss the complaint was due to law office failure. Their request to deny the insurance company’s motion to dismiss the complaint was granted by the court, and Everest appealed.
On August 10, 2016, the Persauds’ request to deny Everest’s motion to dismiss their complaint was upheld by the New York State Supreme Court, Appellate Division, Second Judicial Department. The court cited insufficient documentary evidence from Everest that the Persauds’ recovery claim was made with late notice.
When contacted by Insurance Journal, Andrew Barovick of Alegria & Barovick LLP, who represented the plaintiff, stated that overall, he was “happy with the decision that was made.”
Future Home Builders Inc. and Everest National Insurance Co. did not immediately respond to Insurance Journal‘s request for comment.
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