Monthly Archives: August 2024

Were Broker/Carrier Liable for Underinsurance?

Kim Clark’s home was damaged by a fire.  Clark failed to advise her insurance agent or broker about an addition to her home which increased its square footage by approximately fifty percent. As a result of the fire, Clark claimed losses to her home and personal property far exceeded her insurance coverage limits which did not account for the unknown increased square footage of the renovated home.

Clark filed suit seeking damages against Urbanski Insurance Agency, Inc.  alleging it negligently procured insufficient insurance coverage for the home and against Preferred Mutual Insurance Company claiming it was vicariously liable for Urbanski’s alleged negligence.

Court Decides If Doctrine Of Practical Location Was Dispositive of Neighbors’ Border Dispute

Robert Czenszak and others commenced an action to quiet title and for declaratory relief against Anthony Iasello and Catherine Iasello. Czenszak aleged that a cinder block wall forms the boundary line between the parties’ adjoining properties under the doctrine of practical location and that a strip of land that lies between the cinder block wall boundary line and the boundary line set forth in the respective deeds to the adjoining properties—which is a small triangular strip of land measuring approximately 4.2 feet at its widest point—was owned by the Czenszak.

The Iasellos asserted a counterclaim for a judgment declaring that the boundary line between the adjoining properties was as described in the respective deeds and that they owned the disputed strip. They moved for summary judgment dismissing the complaint and on their counterclaim.  Supreme Court searched the record and, under the doctrine of practical location, awarded summary judgment to Czenszak, declaring that he owned the disputed property. The Iasellos appealed.