Scahill Law Group P.C. | New York Trial Attorneys

60 East 196, LLC v. Tokio Marine Specialty Insurance Company, Index No. 526250/23 (App. Div., 2d Dep’t 2025)

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Congratulations to Gerard Ferrara for securing an affirmance in the Appellate Division, Second Department, on behalf of the owner of a multi-unit residential building in the Bronx. The case arose from a lead paint personal injury action, where Scahill Law Group commenced a declaratory judgment action seeking to compel multiple insurers to defend and indemnify the property owner. Tokio Marine Specialty Insurance Company moved to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), arguing that the alleged contamination fell outside the policy’s retroactive coverage period.

The Appellate Division affirmed the Supreme Court’s denial of Tokio Marine’s motion, holding that the insurer failed to establish that the policy language “utterly refuted” the plaintiff’s allegations that the contamination commenced on or after the retroactive date. Applying well-settled standards governing motions to dismiss and insurance policy interpretation, the Court found that Tokio Marine did not eliminate all material factual disputes and that dismissal was therefore improper. This decision preserves coverage for the insured and positions the matter for further resolution with all carriers, reflecting Gerard’s strong appellate advocacy and a disciplined coverage strategy.

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