Court Grants Plaintiff Insurance Companies Summary Judgment On Issue of Liability and Sets Matter Down for Trial on Damages

On August 5, 2015, the Hon. Anil C. Singh, J.S.C. of the New York County Commercial Division issued a decision granting the motion filed on behalf of our clients, New Hampshire Insurance Company, American Home Assurance Company, Insurance Company of the State of Pennsylvania and National Union Fire Insurance Company for summary judgment on the issue of liability and setting the matter down for a trial on damages. Our clients sought to recover in excess of $3.5 million dollars in premiums earned under insurance policies issued to Fresh Direct Holdings, Inc. Fresh Direct refused to pay the premiums, arguing that the endorsements reflecting the audit premiums were not issued in a timely fashion. Judge Singh held that Fresh Direct was timely notified of the change in premium in accordance with the terms of the policies. Judge Singh determined that our clients established their entitlement to payment by submitting copies of the policies, audit worksheets and the resulting invoices for the policies in question but set the matter down for a trial because minor inconsistencies in the billing records prevented him from ascertaining the amount due as a matter of law. Judge Singh also dismissed all but one of Fresh Direct’s counterclaims accusing AIG of fraud, misrepresentation and breach of contract. He found a question of fact as to the merits of Fresh Direct’s counterclaim seeking a $16,000 refund on one of the policies.

New Hampshire Insurance Co. v. Fresh Direct Holdings, Inc., Index No. 651320/10 (N.Y. Co. Sup. Ct., August 5, 2015)

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