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Huang & Associates, P.C. v. Hanover Insurance Company

Docket 1:21-cv-04909, New York Eastern District Court (Aug. 31, 2021)
Judge Eric R. Komitee, presiding, Magistrate Judge Ramon E. Reyes, Jr
Insurance
DivisionBrooklyn
FlagsCLOSED, ACO
Demand$530,000
Cause42:4053 Breach of Insurance Contract
Case Type110 Insurance
Tags110 Insurance, 110 Insurance
Plaintiff Huang & Associates, P.C.
Defendant Hanover Insurance Company
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No. 24 MEMORANDUM & ORDER: Hanover's motion to dismiss 17 is granted

Document Huang & Associates, P.C. v. Hanover Insurance Company, 1:21-cv-04909, No. 24 (E.D.N.Y. May. 10, 2023)
Motion to Dismiss (Demurrer)Granted
------------------------------------x ERIC KOMITEE, United States District Judge: Plaintiff Huang & Associates, P.C., a law firm, represented the buyer in a real-estate transaction that went badly.
Huang & Associates responded that this action was not moot — that the underlying litigation was “still very much extant,” though headed for mediation, and that “substantial fees have been incurred to date that Defendant Hanover Insurance Company owes a duty to reimburse.” Pl.’s Letter 1, ECF No. 22.
To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Thus, despite the teacher’s having “acted intentionally in perpetrating the sexual assaults against the two plaintiff students in the underlying action, liability as against the School District is predicated upon its conceptually independent negligent supervision.” Id. Enforcing the exclusions in those circumstances “would effectively eviscerate the errors and omissions policy altogether.” Id.
Exclusion 1.a, for example, excludes any claim “[b]ased upon or arising out of, or relating directly or indirectly to” “[a]ny insured committing any intentional, dishonest, criminal, malicious or fraudulent act or omission.” Id. at 12 (emphasis in original).
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