Firm Obtains a Win for Local Restaurant in Battle Against Insurer

A local restaurant was totally destroyed by fire. The insurance company dragged its feet on the claim, and then refused to pay the proper value for various items and also outright refused to pay for the destroyed improvements and structures in the restaurant and bar. Quadrino Schwartz was hired to pursue the full value of the loss and to seek all remedies from the insurer in court. In a strategic maneuver designed to short-circuit the lawsuit and narrow the issues, the legal team at Quadrino Schwartz prepared a detailed presentation to the court by way of an early motion for summary judgment. The court published a lengthy opinion, awarding a substantial sum to the restaurant and requiring only a limited set of issues to be resolved on the balance of the claim. In so doing, the court agreed with the legal interpretation offered on the restaurant's behalf as to coverage of the "improvements and betterments" in the restaurant. The insurer maintained that the restaurant and bar, as a tenant, could not receive any insurance proceeds for these items, arguing that the tenant need to be the actual owner of the items, which it contended were owned by the landlord. The court agreed with Quadrino Schwartz, on behalf of the restaurant, in deciding the legal issue as to insurance coverage for the improvements and betterments.