Bleiberg v. Insurance Co. of North America

WETTICK, A.J.,

This is a lawsuit against an insurance company which has refused to pay a claim allegedly covered by a policy of insurance. Plaintiff’s claim is for losses sustained from the collapse of a portion of a wall of a commercial budding that was insured by defendant. Plaintiffs contend that the losses are covered by a provision within the policy protecting physical loss involving collapse of the building by weight of snow, ice or sleet, or rain which collects on the roof.

Count II of plaintiffs’ complaint raises a claim for punitive damages and counsel fees. The insurance company has…