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Dismissal of Complaint Obtained in Insurance Coverage Lawsuit

Posted: August 21, 2023

Karen Berberich and Amanda Dickens successfully obtained a dismissal of an insurance coverage complaint in Saratoga County Supreme Court. In this case, claimant sued the insurance carrier seeking coverage for the civil judgment the claimant had obtained against the insured.  In granting the motion to dismiss, the Court agreed with Karen and Amanda’s argument that the claimant, who testified at the insured’s criminal trial — where the insured was convicted of intentional assault for shooting claimant in the back — was barred from arguing that the incident was an “accident” for purposes of insurance coverage.