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Jessica Hamilton focuses her practice on representation of commercial insurers in complex coverage matters, insurance bad faith and extracontractual liability cases, and other corporate litigation. She is also an active member of the firm's Appellate Group. Prior to joining Robinson+Cole, Jessica served as a law clerk to the Honorable Bethany J. Alvord of the Connecticut Appellate Court and to the judges of the Connecticut Superior Court.

Read Jessica's rc.com bio.

While issues of fact can preclude summary judgment in some cases involving failure to cooperate and misrepresentation, a New York federal court recently granted summary judgment to an insurer in this context. In D’Andrea v. Encompass Ins. Co. of Am., No. 15-CV-467-MJR, 2018 U.S. Dist. LEXIS 146446, 2018 WL 4095098 (W.D.N.Y. Aug. 28, 2018), the insured was seeking property insurance coverage for a fire loss that occurred at a two-unit residence purportedly owned by the insured and rented to tenants. In submitting his insurance claim, the insured provided three sworn statements in proof of loss, including one for the loss of the dwelling and one for loss of use of the dwelling. The dwelling proof of loss requested $225,000 in damages and listed the insured as the owner of the premises.
Continue Reading Failure to Cooperate and Misrepresentation: New York Federal Court Grants Summary Judgment Finding Insured Explanations for False Statements “Dubious”