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March 3, 2015

Pardalis & Nohavicka Insurer Subrogation Update:

Insurer Of Fire-Damaged Property Owner Denied Recovery Against Lessee Hands Across Long Island, Whose Client (Mentally Challenged Resident) Caused Fire Smoking In Bed.

Court rules that that lessee owed no duty to plaintiff's insured to stop the resident from smoking cigarettes in the apartment or to monitor his conduct in the apartment to ensure he did not cause any property damage. In order for insurer to recover on negligence claim, a duty had to exist between its insured and the lessee. No duty = No Negligence Claim.

Tower Ins. Co. of N.Y. v Hands Across Long Is., Inc.
http://www.nycourts.gov/reporter/pdfs/2015/2015_30100.pdf

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