New York Attorney Secured Summary Judgment in NY Labor Law Case
New York attorney Rachel S. Trauner secured summary judgment in the 12th Judicial District, Bronx Supreme Court, on behalf of our property owner client wherein plaintiff was claiming he sustained severe injuries due to a fall from a scaffold located on the fifth floor of the multi-unit resident housing premises. Plaintiff allegedly was performing construction work that falls under protection of the New York Labor Laws, including Labor Law §200, 240(1) and 241(6).
While defending this matter, Rachel argued the anti-subrogation rule that would have normally precluded a contractual indemnification claim did not apply to our client. The anti-subrogation rule prohibits an insurer from seeking subrogation from its own insured for any claim arising from the very risk for which the insured was covered. In doing so, Rachel argued that the seminal case of North Star Reins Corp. v. Continental Ins. Co., 82 N.Y.2d 291 (1993) was not applicable to this labor law matter because the Owners and Contractors’ Protective (OCP) policy and Commercial General Liability (CGL) policy purchased for the owner’s benefit did not cover the same risks.
In handling this matter, Rachel argued the OCP policy and the CGL policy were purchased by two different insurance companies and, therefore, the policies can be adverse to one another. In addition to the first two issues at hand, Rachel argued that the OCP policy provided to our client did not provide the employer with the same coverage as the CGL policy.
The Court agreed with Rachel’s argument, deciding in her favor and granting her summary judgment for this claim which had accumulated defense fees of more than $100,000.
Rachel focuses her practice on defending insurance carriers in high exposure New York Labor Law and general liability claims. She has additional experience handling appellate matters and claims involving premises liability, automobile liability, property damage and personal injury.