In 2016, Cornell Grace was retained to defend two of its construction clients, an owner and construction manager/general contractor, in a personal injury action brought by the employee of a subcontractor who claimed to have been seriously injured. The worker claimed to have tripped on a piece of electrical wire that appeared to have been left by jobsite electricians. After impleading the electrical contractor (which was not enrolled in the client’s insurance program), the firm’s coverage group tendered the matter to the electrical contractor’s carrier, which refused to defend. Cornell Grace then filed a Declaratory Judgment action against the electrical contractor and its carrier and marshalled the evidence necessary to move for summary judgment. The carrier’s counsel argued that it had no duty to defend because the plaintiff was not employed by its insured, and because there was no finding that electrical wire was the cause of the loss.
In August 2022, the Supreme Court, New York County (Adams, J.) granted summary judgment in favor of our clients, declared them to be additional insureds on the electrical contractor’s policy, and ordered the electrical contractor’s carrier to defend the firm’s clients forthwith. The Court also held that the electrician’s agreement to indemnify the owner and construction manager/general contractor for any losses arising out of or relating to the electrical work was an “insured contract” under the policy.
Cornell Grace pursues risk transfers for its construction clients wherever possible, including the aggressive prosecution of Declaratory Judgment actions against contractors’ carriers that refuse to defend and indemnify its clients as additional insureds.
In 2016, Cornell Grace was retained to defend two of its construction clients, an owner and construction manager/general contractor, in a personal injury action brought by the employee of a subcontractor who claimed to have been seriously injured. The worker claimed to have tripped on a piece of electrical wire that appeared to have been […]Learn more
In a case filed in 2011, Plaintiff, a union elevator installation mechanic, claimed he was severely injured when he slipped on oil while unloading a thousand-pound jack from a delivery truck. Among other defendants, Plaintiff sued the elevator company that had loaded the heavy components onto the truck. After fighting for its client for ten […]Learn more
In mid-2021, Cornell Grace, P.C. was retained by a New Jersey-based developer (“Developer”) that had just received a coverage disclaimer from its insurer, a large, well-known general liability carrier. The carrier had been defending Developer for more than two years in a high-value personal injury action arising out of a worksite injury to a subcontractor’s […]Learn more
The law firm of Cornell Grace, P.C. often represents owners, developers and prime/general contractors.Learn more
This decision has major implications in limiting Labor Law claims in street defect cases.Learn more
Plaintiff claimed injury from an alleged trip over construction materials.Learn more
One of Cornell Grace’s specialties is insurance coverage litigation.Learn more
The law firm of Cornell Grace, P.C. won summary judgment on behalf of its client.Learn more
Firm founder Janet O’Connor Cornell served as lead counsel throughout the five-year litigation.Learn more
Cornell Grace, P.C. is committed to providing clients with the highest quality legal representation while maintaining the hands-on personal service of a boutique law firm. We handle cases vigorously, with painstaking attention to detail at every phase, always working in pursuit of the best resolution for our clients.