Tuttle Yick Wins Insurance Coverage Defense

Alex Banzhaf and Alexa DePierro successfully obtained a defense from a client’s insurance carrier in a personal injury action that was wrongfully denied coverage and defense. Our developer client was constructing a building in the Bronx. A worker on the job was injured while installing flooring on the 5th floor, but before the 6th floor had been built. Our client’s insurer disclaimed and refused to provide a defense and coverage in the personal injury action based on a policy exclusion barring coverage for “exterior work.” We filed a coverage action against the insurer and immediately moved for partial summary judgment on the duty to defend, arguing that the exterior work exclusion did not apply because the worker was installing flooring, which is interior work. Rather than oppose the summary judgment motion, the insurance carrier immediately conceded to providing a defense to Tuttle Yick’s client in the personal injury action.