Cornell Grace Wins Summary Declaratory Judgment Of Additional Insured Status For Major General Contractor In Catastrophic Labor Law Claim December 2, 2012

One of Cornell Grace’s specialties is insurance coverage litigation. Due to the vicarious and absolute liability implications of the New York State Labor Law in construction accident cases, general contractors and owners routinely require their subcontractors to procure and provide additional insured coverage to them under the subcontractor’s own general liability policy. When claims arise, however, carriers often disclaim coverage to these entities. Our firm aggressively litigates these claims on behalf of our clients, forcing carriers to defend and indemnify their additional insureds under well-settled New York law.

In one particularly complicated case, various subcontractors’ carriers had disclaimed their additional insured coverage obligations to Cornell Grace’s client, a major general contractor managing a large scale industrial site construction in Rockland County. A worker employed by the masonry subcontractor was struck and killed on site by a vehicle – owned by a leasing company and leased to a steel subcontractor. To complicate matters even further, the driver of the vehicle was a steel worker who was employed by yet another steel company. Thus, the various carriers disputed whether they should provide additional insured coverage to the general contractor since the claim could be argued to “arise out of” a variety of different subcontractors’ work. Furthermore, this was, in essence, an automobile accident that also implicated the Labor Law. The general liability carriers – some of which had explicit automobile exclusions in their policies – argued that the automobile carrier covering the vehicle should provide the sole or at least primary coverage.

Navigating these complicating factors, Cornell Grace moved for summary judgment and obtained a declaratory judgment that the general contractor was entitled to primary additional insured coverage under the masonry subcontractor’s general liability carrier, and that the vehicle’s auto carrier must also indemnify the general contractor for any vicarious liability due to the negligence of the driver. This decision was then used to facilitate a global settlement of the underlying claim, with contribution by the various carriers – and none by Cornell Grace’s client or its own carrier. Furthermore, the masonry contractor’s carrier reimbursed them for all defense costs incurred in the underlying litigation.

Cornell Grace Wins Summary Judgment In A-frame Ladder Case – Plaintiff’s Sole Proximate Cause June 27, 2016

A rare dismissal of a plaintiff’s Labor Law claims based on the “sole proximate cause” defense.

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Cornell Grace Wins Summary Dismissal Of Two Subrogation Actions That Improperly Targeted CCIP/OCIP Covered Subcontractors May 19, 2016

The law firm of Cornell Grace, P.C. often represents owners, developers and prime/general contractors.

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Cornell Grace Wins Summary Judgment For City In Case With Important Implications To Limiting Labor Law In Street Repairs, Prior Written Notice, And Notice Of Claim Requirements March 21, 2013

This decision has major implications in limiting Labor Law claims in street defect cases. 

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Cornell Grace Wins Appeal In Case Implicating Workers Compensation Bar To Suing Employer, And Summary Judgment Dismissal Of Labor Law Claims Since Plaintiff Was Not A Construction Worker February 13, 2013

Plaintiff claimed injury from an alleged trip over construction materials.

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Cornell Grace Wins Summary Declaratory Judgment Of Additional Insured Status For Major General Contractor In Catastrophic Labor Law Claim December 2, 2012

One of Cornell Grace’s specialties is insurance coverage litigation.

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Cornell Grace Wins Summary Judgment In $2.9 Million Interference With Contract Case Against Educational Services Provider January 17, 2012

The law firm of Cornell Grace, P.C. won summary judgment on behalf of its client.

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Cornell Grace Wins Defense Verdict In Multi-million Dollar Kings County Labor Law Claim June 10, 2010

Firm founder Janet O’Connor Cornell served as lead counsel throughout the five-year litigation.

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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.