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Law Offices of Jonathan M. Cooper

Long Island & Queens, New York Negligent Supervision, Defective Product & Accident Lawyer Blog

The blog by published author of the Free book on New York accident claims, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," as well as the New Yorker's guide to defective product claims, "Why Are There So Few Successful Defective Products Lawsuits?" is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of school negligence (and/or negligent supervision), construction accidents, slip and/or trip and fall accidents, auto accidents, and, of course, defective or dangerous products.

For additional information on any of these topics, readers are encouraged to download these Free e-books on New York personal injury claims

Jonathan Cooper
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Kings County Court Dismisses Worker's Accident Claim - And Disregards Jury's Verdict

In a decision from a Kings County court that is scheduled to appear in tomorrow's edition of the New York Law Journal, the plaintiff worker's injury claim was dismissed - even though the jury had found in his favor. For additional information on what you need to prove in order to win a worksite accident case, please visit www.JonathanCooperLaw.com, or contact Long Island, New York construction site accident attorney Jonathan Cooper at his Nassau County office at 516.791.5700.

Category: Keyword Search: landlord

Jonathan Cooper
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In an "off-the-beat" case, Kassis v. Ohio Casualty Ins. Co., 12 N.Y.3d 595, 885 N.Y.S.2d 241 (2009), New York's Court of Appeals (the highest court in New York State) held in favor of a landlord - and against his tenant's liability insurer - that since the lease required the tenant to name the landlord as an additional insured on their liability policy for their "mutual benefit," the landlord was automatically deemed an additional insured under the policy, even though the landlord wasn't in fact named on the policy at all.  Consequently, by dint of the Court's holding, the insurer was obligated to not only defend the landlord in the underlying personal injury action that arose from a worker's claim that he was injured when he slipped and fell on snow fronting the landlord's property, but the insurer was also required to indemnify the landlord for any settlement or judgment up to the policy's full liability limits.

A word of caution is in order, however, and here's why: a perusal of this decision suggests that this ruling is of limited scope, and confined to the particular facts of this case. Specifically, in rendering the opinion, Chief Judge Lippman notes that the insurance policy in this case had a provision that extended coverage to the named insured as well as “any person or organization whom [the named insured is] required to name as an additional insured." 

Nevertheless, this decision serves as yet another reminder to small businesses in New York why you should never assume the validity of an insurer's disclaimer of coverage.

Category: Keyword Search: landlord