Court Declines to Dismiss Claim Against Liberty Mutual For Consequential Damages

MINEOLA, N.Y. - A New York trial court declined to a claim for consequential damages against a home insurer, saying there was no evidence to counter the homeowners' assertion that such a claim was foreseeable. Hornung v. Liberty Mutual, et al., No. 018869/03 (N.Y. Supr., Nassau Cty.).

Phyllis and Richard Hornung sued Liberty Mutual Fire Insurance Co. and Certified Restoration Services Inc. for what they claim was an inadequate clean up of their home after a fire. The Hornungs say they contacted Liberty after the fire and that Liberty retained Certified.

The Hornungs say they were exposed to mold and …