Remember the Supreme Court in New York is not the highest court…it’s a trial level court. High Court is the Court of Appeals. This decision is, apparently, just a trial court ruling on a Motion to Dismiss.
Based on the information included in this article, it sounds like the Missouri and New Jersey courts ruled that the loss was covered because there was a loss. Insurance doesn’t work that way.
Excellent point. I would add that the Missouri cases (I am not that familar with the New Jersey case) did not grant either a Motion to Dismiss or Dec Action. This is the usual result when the judge believes a question of fact needs to be heard and evaluated by the triere of fact. Those cases have not been tried and no final decision made regarding coverage.
Remember the Supreme Court in New York is not the highest court…it’s a trial level court. High Court is the Court of Appeals. This decision is, apparently, just a trial court ruling on a Motion to Dismiss.
Based on the information included in this article, it sounds like the Missouri and New Jersey courts ruled that the loss was covered because there was a loss. Insurance doesn’t work that way.
Excellent point. I would add that the Missouri cases (I am not that familar with the New Jersey case) did not grant either a Motion to Dismiss or Dec Action. This is the usual result when the judge believes a question of fact needs to be heard and evaluated by the triere of fact. Those cases have not been tried and no final decision made regarding coverage.