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COMMERCIAL LIABILITY CARRIER NOT OBLIGATED TO DEFEND ACTION FOR BREACH OF CONTRACT, UNJUST ENRICHMENT AND FORECLOSURE OF MECHANIC’S LIENS, POLICY ONLY COVERS PERSONAL INJURY, PROPERTY DAMAGE AND ADVERTISING INJURY (SECOND DEPT).

The Second Department determined the insurer was not obligated to defend an action alleging breach of contract and unjust enrichment and foreclosure of mechanic’s liens. The commercial liability policy covered only personal injury, property damage and advertising injury:

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“The general rule is that a commercial general liability insurance policy does not afford coverage for breach of contract, but rather for bodily injury and property damage”… . To hold otherwise would render an insurance carrier a surety for the performance of its insured’s work … . The determination of an insurer’s duty to defend must be drawn from allegations of the underlying complaint … . Here, the complaint in the Owens action sounds exclusively in breach of contract and unjust enrichment, and seeks to foreclose on mechanic’s liens. There is no claim for bodily injury, property damage, or personal and advertising injury as is required to trigger coverage under the policies herein. J.W. Mays, Inc. v Liberty Mut. Ins. Co., 2017 NY Slip Op 06639, Second Dept 9-27-17

INSURANCE LAW (COMMERCIAL LIABILITY CARRIER NOT OBLIGATED TO DEFEND ACTION FOR BREACH OF CONTRACT, UNJUST ENRICHMENT AND SEEKING FORECLOSURE OF MECHANIC’S LIENS, POLICY ONLY COVERS PERSONAL INJURY, PROPERTY DAMAGE AND ADVERTISING INJURY (SECOND DEPT))/COMMERCIAL LIABILITY INSURANCE (COMMERCIAL LIABILITY CARRIER NOT OBLIGATED TO DEFEND ACTION FOR BREACH OF CONTRACT, UNJUST ENRICHMENT AND SEEKING FORECLOSURE OF MECHANIC’S LIENS, POLICY ONLY COVERS PERSONAL INJURY, PROPERTY DAMAGE AND ADVERTISING INJURY (SECOND DEPT))

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Leave to File Late Notice of Claim Should Have Been Granted

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DEFENSE COUNSEL FAILED TO INFORM DEFENDANT OF THE MANDATORY DEPORTATION CONSEQUENCE... LEAVE TO FILE A LATE NOTICE OF CLAIM SHOULD NOT HAVE BEEN GRANTED (SECOND D...