Kollross Wins NY Coverage Appeal
Clausen Miller senior partner and Appellate Practice Group co-chair Melinda Kollross has obtained a unanimous affirmance of summary judgment for her insurer clients in Erie Ins. Co. v. Nick Radtke, et al, No.2013-03493, ___ A.D.3d ___. The New York Appellate Division, Second Department held that a homeowner’s mid six-figure claim for the costs of replacing defectively constructed retaining walls at his property on the Hudson River were excluded by the “Damage to Property” exclusions ((2(j)(5) and 2(j)(6)) in the CGL policies issued to the general contractor and one of its subcontractors.