Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bernstein Liebhard LLP v. Sentinel Ins. Co. Ltd.

Insured Granted Partial Summary Judgment on Breach of Provision for Lost Business Income

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER

*1 Plaintiff Bernstein Liebhard LLP (Bernstein) moves pursuant to CPLR 3001 and 3212 (e) for partial summary judgment on its sole cause of action for breach of an provision for lost business income in the insurance policy (the Policy) issued by defendant Sentinel Insurance Company Limited (Sentinel). Bernstein also moves to dismiss Sentinel’s seventh affirmative defense arising from the same provision. Defendant Sentinel appears to cross move to dismiss the complaint in its entirety based on the same provision, though it does not ask for specific relief beyond summary judgment.Paragraph O(4)(a) of the Policy defines “Business Income” as “Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred if no direct physical loss or physical damage had occurred.” The Policy also limits recovery for business income losses to 12 months after the date of the damage.A fire on August 22, 2013 destroyed the 28th floor of Bernstein’s offices, on which its mass tort law practice, personnel, files, firm-wide computer servers, and telephone switches were located. As a result, Bernstein shut down its marketing efforts (mass tort television advertising) from August 2013 to March 2014. On July 23, 2014, Bernstein submitted a claim for $27 million arising from lost income from several hundred mass tort clients who failed to retain the firm during the 12-month period after the fire.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Expanding insurance defense firm seeks attorneys for multiple positions in the areas of personal and complex commercial automobile liability...


Apply Now ›
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements