DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.


Our client, an elderly lady, tripped and fell over a defective stairway leading into a beauty parlor, as a result of which she fractured her shoulder. At first, the insurance company declined to cover this incident on the grounds that the beauty parlor - its insured - failed to give timely notice of the accident to the insurer. Therefore, we were forced to go to trial, and get an award of damages - which we did. Afterward, we sued the insurance company directly - which is allowed under section 3420 of New York's Insurance Law - to collect on the judgment. We were able to convince the insurance company that their disclaimer was not properly made, as a result of which they offered to settle within a few months of bringing the second lawsuit.

$115,000