NY Court Clarifies Pleading Standard for “Consequential Damages” in Coverage Litigation

The Appellate Division of New York’s Supreme Court, First Department, recently overturned a trial court’s dismissal of an insured’s claim for consequential damages on a pre-answer motion to dismiss.  While the decision sheds light on the degree of specificity required at the pleading stage to sustain an insured’s claim for consequential damages, it does little to clarify the level of proof required to prevail on such claim at trial.       The coverage dispute among the parties in D.K. Property, Inc.
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