Bleakley Platt Succeeds on Summary Judgment Motion on Duty to Defend Claim

July 2010

John Diaconis and John Murphy of Bleakley Platt and Schmidt have been successful in obtaining a grant of partial summary judgment on the duty to defend under a Director’s and Officer’s Liability policy issued to the Town of Yorktown. The grant of partial summary judgment was issued by Hon. Richard Liebowitz, Supreme Court Justice in Westchester County in Town of Yorktown, et al., v. Landmark American Insurance Company, pending in Westchester Supreme Court. The Court rejected Landmark’s contention that coverage was barred by the regulatory takings exclusion contained in the Policy. The Court directed Landmark to defend the Town, and its individual Board Members, with respect to the Old St. George Winery action which is currently pending in Federal Court.