Tuesday, June 2, 2009

Preparing for Trial

Posts have been lean this past week, as I prepare for the trial of a declaratory judgment action in this matter.

This morning I argue my client's motion to dismiss and for in limine relief.  Unless the court grants my motion for leave to file/serve a late jury trial demand (long story), the non-jury trial starts this Thursday.

At issue is a claim for additional insured coverage under an AI endorsement which provides, in pertinent part:
The definition of “insured” is amended to include the additional “insured” shown above, but only with respect to liability arising out of:

1. “your work” for the additional “insured” at the location shown above; or

2. acts or omissions of the additional “insured” in connection with their general supervision of “your work” at the location shown above.
The injured party in the underlying action did not work for my client's insured, but was a separate cable installation subcontractor of the AI, and there was neither any allegation nor any evidence in the underlying action that my client's insured did anything to cause the accident.

Post Script (06.02.09 9:15 PM) --  For those who may be interested, my client's motion to dismiss based on CPLR §§ 1017 and 1021 (plaintiffs' failure to substitute the NYS Insurance Superintendent as ancillary receiver for plaintiff insurer in receivership) was argued but then adjourned over my objection to June 16th to give plaintiffs' counsel an opportunity to submit something more than an attorney's affidavit in opposition.  My motions for leave to serve late jury trial demand and for in limine relief to preclude plaintiffs' affirmative use of deposition transcripts from the underlying personal injury action were also put off until the adjourned date. 

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