On April 24, 2018 Kevin Horbatiuk won a dismissal of all state court claims raised against our client in Saini v. Cigna Life Insurance Company of New York, Civil Action No.: 17 CIV. 1922 (KPF) (U.S. Dist. Ct SDNY). The plaintiff filed a claim for benefits under an ERISA governed group accident policy after the sudden unexpected death of her husband while swimming in the pool in her apartment complex. Her claim for benefits was denied under the group accident policy because the post mortem investigation determined that the cause of death was a latent medical condition and not an accident. Suit was filed seeking the benefit pursuant to ERISA and plaintiff also raised claims under the New Y
John R. Freeman, Esquire of the Pennsylvania/Southern New Jersey office of Russo & Toner, LLP, won summary judgment in favor of a liability insurance carrier in a coverage claim filed in the United States District Court for the District of New Jersey. In Thompson v. Harrah’s, et al., the Plaintiff claimed that he sustained severe burns to his feet, resulting in partial amputation, while walking on pavers on a rooftop sun deck at an Atlantic City casino. Among the Defendants were the casino, the general contractor and the subcontractor which installed the pavers. The general contractor filed a claim for declaratory judgment against the installer’s liability carrier, claiming that it was e
On April 6, 2018, the Honorable Paul Kenny, Chief Clerk of the Appellate Term rendered a decision in the case of Ugbor v. Henderson, Index No. 1802/2015 (Sup. Ct. Queens County). Attorney Fallon Mulerman-Orer won summary judgment on July 11, 2016. The Plaintiff claimed he sustained series injuries to his neck, back, both knees and right shoulder requiring surgery, following a motor vehicle accident. Ms. Mulerman-Orer argued that according to the Defendant’s independent medical examiner, the Plaintiff sustained only sprains, strains and contusions, and that he did not sustain a “serious injury” within the meaning of Insurance Law Section 5102(d). Ms. Mulerman-Orer also argued that the Plaint
