Attorneys Robert Nobel and Jeffrey Briem Obtain Dismissal of Plaintiff’s Complaint and Prevail in Declaratory Judgment Action

February 19, 2008

HAWTHORNE, New York - TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP congratulates Robert Nobel and Jeffrey Briem on their victory in the case 669 East 21st Street, LLC v. Creative Design, Inc., et. al, venued in New York Supreme Court, Kings County.

Plaintiff alleged that an insurer owed it defense and indemnity in an underlying property damage action, based upon a purported insurance procurement provision in a contract between the plaintiff and the defendant’s insured. Attorneys Nobel and Briem filed a motion to dismiss the action as against the insurer and sought a declaration that their client, the insurance company, did not owe the plaintiff defense and indemnity in the underlying action. In their motion papers, counsel argued that the policy conferred additional insured status on an endorsement by endorsement basis, and that no endorsement existed regarding the plaintiff. While the plaintiff argued that it had a Certificate of Insurance stating that it had been named as an additional insured, Mr. Nobel and Mr. Briem argued that the Certificate of Insurance was issued for informational purposes only; it does not create or modify coverage, and cannot bind the defendant insurer. The Court agreed, and dismissed the plaintiff’s claims against the insurer, with prejudice.

TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP applauds the efforts of Mr. Nobel and Mr. Briem on behalf of their client.

For more information on Mr. Nobel, a partner with TLSS, please visit:

http://www.traublieberman.com/profiles/robertnobel/

And for more information on Mr. Briem, an associate with Traub Lieberman, please visit:

http://www.traublieberman.com/profiles/jeffreybriem/