Joseph Francoeur (Partner-New York) and Melissa Young (Associate-New York) obtained dismissal of all claims asserted against their client, an insurance broker, upon submission of a pre-answer cross-motion to dismiss based on documentary evidence. The plaintiff, a home improvement business specializing in the installation of residential exterior products, alleged that our client failed to obtain adequate insurance to cover a claim arising from the plaintiff's snow and ice removal business. In the underlying slip-and-fall accident case, the plaintiff was named a third-party defendant for allegedly failing to remove snow and ice from a walkway, and submitted its claim to its carrier who denied coverage because the policy did not cover plaintiff's snow and ice removal business. Melissa and Joe filed an opposition to plaintiff's Order to Show Cause and a pre-answer cross-motion to dismiss the Complaint against our client as the insurance certificate makes no mention of a snow/ice removal business and conspicuously states that the certificate was issued "as a matter of information only and confers no rights upon the certificate holder..." The court entered a Decision and Order dismissing the plaintiff's Order to Show Cause and granting the above-referenced cross-motion, dismissing all claims against our client.
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