BSH successfully obtained summary judgment and dismissal of plaintiff’s entire complaint in Supreme Court, Albany County, where plaintiff was seeking $40,000 in damages (the value of a Mercedes Benz). Plaintiff argued that the client insurer breached the contract between the client insurer and the vehicle owner (insured), that plaintiff was a third-party intended beneficiary, and that plaintiff was entitled to an equitable lien. Our office argued, among other things, that the client insurer did not have a contract with plaintiff, and that under Georgia law, plaintiff was not an intended beneficiary and took the contract subject to the limitations therein, such as one requiring cooperation in an investigation for a proof of loss (with which the insured failed to cooperate). Finally, we argued that plaintiff could not proceed in equity because it could recoup its losses by suing the insured.
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Admitted to practice before the Courts of:
- New York
- Various United States District Courts
- United States Court of Appeals for the Second Circuit
- United States Supreme Court.