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Rob Joyce and Bryon Friedman Win Motion to Dismiss on Insurance Policies’ Competing “Other Insurance” Clauses

The Southern District of New York granted our pre-answer motion to dismiss an insurance coverage declaratory judgment action arising out of a catastrophic loss.  The court adopted our analysis of competing policy’s other insurance clauses based on our direct explanations of the policy language, and our arguments applying the policy language and challenging the adversary’s attempts to misdirect the analysis based on arbitrary labels.  As a result of the decision, our client was determined to have no responsibility to pay any portion of the loss.