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Causes of Action over Property Insurance Coverage

Rarely do lawyers have the benefit of a decision that is a primer on permissible causes of action arising from property insurance coverage disputes. Kings Infiniti v. Zurich American Ins., 43 Misc.3d 1207(A) (Sup. Ct. Kings Cty. April 3, 2014), is one of those decisions. Justice Carolyn Demarest clearly and concisely addressed each issue raised by the defendants (collectively, Zurich) who successfully obtained a dismissal on a CPLR 3211 motion of several of the causes of action in the plaintiffs' amended complaint. However, a Court of Appeals decision, decided while the Infiniti motion was under submission, may allow the plaintiff to revive its case.

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