• David Slarskey

Results: Arbitration Victory

Update: last year we defeated an aggressive and totally unwarranted emergency injunction application, by which a title insurer sought to avoid its claim payment obligations to a policyholder (our client). The Court -- adopting our arguments in their entirety -- described the insurer's application as a "manifest failure."

A year later, we have a total victory. Following our defeat of the injunction application, we took the matter to arbitration. After discovery and a full hearing, the arbitrator issued an award requiring the insurer to make a claim payment to our client, and for attorneys fees and expenses incurred both in defeating the injunction and arbitrating the dispute.

Knowing the law makes a difference: "an insured who is cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations, and who prevails on the merits, may recover attorneys' fees incurred in defending against the insurer's action." U.S. Underwriters Ins. Co. v. City Club LLC, 3 N.Y.3d 592 (2004).