MAK Recent Decisions
Adirondack Insurance Exchange Decision
McDonnell, Adels and Klestzick, PLLC won summary judgment for our clients in a declaratory judgment action involving two intentional collisions. The court determined that the collisions were intentional acts for which our clients were not obligated to provide insurance coverage. On appeal, we then convinced the appellate court to uphold the lower court’s decision. Specifically, the appellate court found that the motion proffered sufficient evidence that the insured individuals fraudulently procured the insurance policies and that the collisions occurred under similar circumstances.
Empire Fire and Marine Insurance (Zurich) Decision
In a declaratory judgment action alleging that four related automobile collisions were intentional acts for which there is no insurance coverage, McDonnell, Adels and Klestzick, PLLC secured a preliminary injunction staying all no-fault collections proceedings. The court determined that our motion presented clear and convincing evidence of a likelihood of success on the merits in the action, irreparable harm in the absence of the preliminary injunctive relief, and a balancing of the equities in favor of our client.