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Daily Archives: Tuesday, November 26, 2019

Posted: November 26, 2019

Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations

On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Fernandez, 2019 NY Slip Op. 08290, holding that a discharge in bankruptcy did not automatically accelerate a mortgage debt, affecting the statute of limitations, explaining: With respect to a mortgage payable in installments, separate causes of action accrue... Read more »

Posted: November 26, 2019

Exclusion for “Intentional and Criminal Acts” Barred Defense Coverage for Parents Accused of “Negligent Supervision” of Minor Son Who Committed Sexual Assault

Posted by Bradley J. Nash, Litigation Partner On November 20, 2019, Judge Briccetti of the SDNY issued a decision in Metropolitan Prop. & Cas. Ins. Co. v. Comley, Case No. 18-cv-9259 (VB), holding that a liability insurer properly denied defense coverage, under an exclusion for “intentional and criminal acts”, for a lawsuit alleging “negligent supervision”... Read more »