Julian v. Security Mutual Insurance

Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly awarded attorney’s fees to plaintiff upon determining following a bench trial that plaintiff is entitled to recover for property damage covered under an insurance policy issued by defendant. The legal untenability of defendant’s position should have been apparent to defendant from the outset of the action, and thus the defense to plaintiff’s action was “completely without merit in law,” insupportable “by a reasonable argument for an extension, modification or reversal of existing law,” and “undertaken primarily to…