The Appellate Division, First Department, Affirms Summary Judgment Motion in Favor of Traub Lieberman Client

In May 2023, the summary judgment motion of Traub Lieberman partner Craig Rokuson, seeking a declaration that Traub Lieberman’s client, an international insurer, had no duty to defend or indemnify in connection with an underlying Labor Law personal injury action, was granted. Upon appeal, the Appellate Division affirmed the decision of the Supreme Court, New York County.  In the underlying action, the plaintiff was injured while unloading materials off a truck, when a piece of equipment struck him. Traub Lieberman successfully argued that the “auto” exclusion, which defines use of an auto to include loading and unloading, applied to bar coverage in its entirety. In review of the matter by the Appellate Division, First Department, the decision was affirmed.