On September 23, 2025, Kutak Rock secured a decisive win on behalf of its client, Kingstone Insurance Company, in a declaratory judgment action pending in the Supreme Court of the State of New York, Ulster County. The court granted Kingstone’s motion for summary judgment and denied the defendants’ cross-motion, holding that Kingstone has no obligation to provide insurance coverage for a premises liability claim.

The case stemmed from a 2019 trip-and-fall accident outside a property located in the Bronx. Kingstone initiated the declaratory judgment action in 2021, seeking a declaration that it was not obligated to provide coverage to the building owner. The court agreed, finding that the building owner was neither a named insured nor an additional insured under the policy. The court also upheld the policy’s anti-assignment clause, ruling that the attempted transfer of coverage was invalid without Kingstone’s written consent.

As a result of this ruling, Kingstone is not required to defend or indemnify the building owner in connection with the underlying premises liability action.

The Kutak Rock team representing Kingstone included Robert A. Jaffe and Amy J. Blumenthal.