Shoreham Wading River Central Sch. Dist. v. Maryland Casualty Co.

(Supreme Ct., Suffolk County 2010) (Index No. 14061-2010), aff’d, 95 A.D.3d. 987 (2d Dept. 2012).  We successfully established that our client school district was entitled to a defense and indemnification from its insurance carrier against a $700,000 lawsuit brought against the school district by a contractor.  The Supreme Court and the Appellate Division, Second Department, agreed with us that the terms of the insurance policy required the carrier to cover the contract breach claims alleged in that underlying lawsuit, and that the policy’s exclusion for unlawful profits or gains did not apply.