Nunez v. US Underwriters

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After a fire broke out in a unit above a retail store, the store sustained damages from water used by the FDNY. The insurance company denied the claim based upon the store’s alleged failure to have a smoke detector, as was required by the Protective Safeguard provision of their insurance policy. Greenblatt ¬†Agulnick, argued that the failure was immaterial to the loss and there was no increased risk as a matter of law. The Court agreed.

Case settled prior to depositions for $55,000.00.

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