2015 Freeman LLC v. Seneca Specialty Insurance

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 16, 2015, which denied defendant’s motion to dismiss, or for summary judgment dismissing, plaintiffs’ claim of bad faith denial of insurance coverage, and granted plaintiffs’ cross motion for a declaration that Ohio law applies to this action, unanimously affirmed, with costs.

The motion court correctly resolved the conflict of laws by applying Ohio, not New York, law. Where, as here, each commercial property insurance policy at issue insured a building located solely in Ohio, the governing law is Ohio (Zurich Ins. Co.…