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Insurance Claim Denial Case Handled By Attorney Derrick, Partner at Queens Eviction Lawyers

Case Summary

A family’s home in Brooklyn was badly damaged due to demolition and excavation at a neighbor’s property.  State Farm insurance company wrongfully disclaimed insurance coverage and attempted to stop temporary housing payments for the family—which would have rendered the family homeless.

Actions Taken Against The Insurance Company For Claim Denial

Attorney Derrick filed an Emergency Order to Show Cause and a Preliminary Injunction to require State Farm to continue paying for the family’s temporary housing payments, until their home was repaired.

The Brooklyn Supreme Court Sided With Queens Eviction Lawyers

The Supreme Court in Brooklyn, ordered State Farm to continue paying for the family’s temporary housing, which is known as additional living expenses (“ALE”) under the policy.  In rendering the decision, the Court found that eviction and homelessness would be an irreparable injury to the family, including four young children ages 2 to 6.

State Farm’s Failed Response To Queens Eviction Lawyers Filing

State Farm tried to appeal the decision to the Second Department Court of Appeals, but the Appellate Court upheld the decision, finding that State Farm was required to pay for the family’s temporary housing in order to avoid irreparable harm to the family.

This family in Brooklyn, New York was able to obtain payment for quality housing by hiring Queens Eviction Lawyers to file an emergency motion in Court.

“The Bottom Line: Queens Eviction Lawyers Prevailed Over State Farm Insurance Company – Winning a Sizable Settlement For Their Client!”

Had the family not sought out and hired an experienced claims denial lawyer to go up against the behemoth insurance company, State Farm, in all likelihood they may have ended up in a homeless shelter while desperately seeking ways to borrow money to finance what was the insurance company’s responsibility all along.

Astounding Victory for “The Giant-Slayers”, Queens Eviction Lawyers

Instead of ending up homeless, this family of 4 ended up living in a penthouse apartment for a year and a half, fully paid for by their insurance company, State Farm. When the dust finally settled, the family was awarded money to fix their home, on top of the rent payment of $1,800/ month for 18 months.

Emergency motions can be useful to prevent irreparable harm in a wide variety of cases, such as preventing a business partner or spouse from improperly selling property, requiring insurance companies to pay for housing, preventing defamation and disparagement, and many other issues.   Call Queens Eviction Lawyers for a free consultation to find out if they can help you with an emerging motion, appeal, or other legal matter.  


We will file a declaratory Judgment suit on your behalf, and the court will decide if the insurance company properly disclaimed coverage. If the insurance company wrongly denied you, you can get your coverage and attorney fees.

Some reasons are, not informing the insurance company, or not responding to an inquiry, or the claim being a non-covered incident.

Yes, unless it was a final non-appealable decision by a court, we can always ask the court for help.

Yes, it’s done all the time, It’s called a “DJ action”, and it’s common to win.

Always, and it’s usually a good strategy if the claim is questionable. When the claim is strong, we go all the way to trial if the client wants.

Yes, just like any denial, we fight it in court.

Never. Never accept an offer without an attorney. The insurance could offer you pennies on the dollar, and they do not have to inform you of the value of your case. Our firm can give you a fair and accurate valuation for free.