LPGM Partner Obtains Second Circuit Affirmance of SDNY Dismissal

In an insurance coverage matter successfully handled by LPGM Partner Yale Glazer, the Second Circuit broadly applied a two-year suit limitation period in a first-party property policy to run from the date on which the physical loss occurred.  The Court rejected the insured’s argument that the provision – which, by its terms, was triggered as of “the date on which physical loss or damage occurred” – should be applied differently to a demand for lost business income.  In finding for LPGM’s insurer client, the Second Circuit held that the provision was “reasonable and therefore enforceable against” the insured.

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