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Summary Judgment Win for LPGM Insurance Client Affirmed by First Department

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Summary

LPGM Partner Yale Glazer had a summary judgment motion affirmed by New York’s Appellate Division, First Judicial Department. LPGM’s insurer client had successfully moved for summary judgment based on the insured’s failure to complete one Examination Under Oath (EUO), produce its principal for a second EUO and to provide demanded documents. The trial and appellate court rejected the insured’s arguments that the insured substantially complied, reaffirming established New York law that an insured’s failure to appear for an EUO is an “absolute defense” to coverage.

The decision can be found via the attached link. Please contact Yale Glazer at yglazer@lpgmlaw.com with any questions.