Legal Opinion

United States Dredging Corp. v. Lexington Insurance

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 2012Published

1Opinion of the Court

The plaintiff sought to recover insurance proceeds from its insurer, the defendant, based on an incident wherein the plaintiffs pier, along with a large crane situated on top of it, collapsed into the Erie Basin near Red Hook, Brooklyn. The defendant disclaimed coverage and the plaintiff commenced this action to recover the proceeds. After a nonjury trial, the Supreme Court determined, inter alia, that the plaintiff failed to present sufficient prima facie proof that the damage to the pier and the crane was caused by wind, which would have been covered by the policy, and that the plaintiff…

2Cases cited5 opinions

  1. Roundabout Theatre Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Morgan Stanley Group v. New England Ins. Co.Court of Appeals for the Second Circuit · 2000
  3. Vasile v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Smith Jean, Inc. v. Royal Globe InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
  5. Duran v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 1999

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