Scott Mollen Contracts—Anticipatory Breach of Contract—Commercial Property Insurance Policy—Parties Cross-Moved for Partial Judgment on the Pleadings, Seeking a Ruling as to Whether Two Policy Exclusions Bar Coverage of Tenant's Pandemic Related Losses—Motions Were Denied
A plaintiff commercial landlord leases properties to hundreds of office, retail, and restaurant tenants. The plaintiff purchased from the defendant insurance company, an insurance policy that provides up to $750 million in coverage "for property damage and business interruption losses…. (policy)"Realty Law Digest
In his Realty Law Digest, Scott Mollen discusses two contract cases: "Thor Equities v. Factory Mutual Ins. Co." where a commercial landlord's action against its insurer for pandemic-related losses survived dismissal; and "98 Gates Ave. Corp. v. Bryan Jr." where the doctrine of caveat emptor barred plaintiff from maintaining an action for breach of contract and fraud.
May 25, 2021 at 01:43 PM
16 minute read
Scott Mollen
Contracts—Anticipatory Breach of Contract—Commercial Property Insurance Policy—Parties Cross-Moved for Partial Judgment on the Pleadings, Seeking a Ruling as to Whether Two Policy Exclusions Bar Coverage of Tenant's Pandemic Related Losses—Motions Were Denied
A plaintiff commercial landlord leases properties to hundreds of office, retail, and restaurant tenants. The plaintiff purchased from the defendant insurance company, an insurance policy that provides up to $750 million in coverage "for property damage and business interruption losses…. (policy)"
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