Nora A. Valenza-Frost

Obtained an order granting petition to quash non-party subpoena issued by plaintiff in underlying construction defect action seeking the production of documents pertaining to other insurance coverage, policies, and claims-related information. AIG Claims, Inc. v. Pier View Condominium Ass'n, Inc., No. 157730/2018 (N.Y. Sup. Ct. Apr. 15, 2019).

Obtained summary judgment for second layer excess insurer in dispute involving E&O coverage provided by an excess liability policy on grounds that the underlying claim did not involve a "wrongful act" implicating the policy's insuring agreement, lacked the requisite fortuity required by New York law, and was barred by the policy's breach of contract exclusion. County of Suffolk v. Lexington Insurance Co., No. 604661/2017 (N.Y. Sup. Ct. 2018).

Defended and favorably settled multimillion-dollar pollution liability claim involving multiple pollution sites.

Represented insurer in confidential arbitration involving representations and warranties policy in which buyer alleged breaches of a number of financial representations in a securities purchase agreement.

Defended and favorably settled numerous declaratory judgment actions in which underlying claim involved alleged construction defects.

Provided monitoring counsel.

Recent Representative Reinsurance Matters

Represented reinsurer in an arbitration involving the scope of a treaty's contested claims provision, related clauses, and the duty of utmost good faith.

Represented a stop-loss insurer/reinsurer in arbitration against a claims administrator and underwriter under an MGU agreement.

Represented a reinsurer in arbitration concerning its denial of a multimillion-dollar medical malpractice loss ceded to it in a matter involving late notice and bad faith claims handling.

Mortgage-Related, Consumer Finance, Title Insurance, and General Commercial Litigation and Dispute Resolution

Obtained an order granting lender's motion for summary judgment to secure the cancellation and discharge of record of an erroneous satisfaction of mortgage, declaring the subject mortgages valid and subsisting liens on the subject premises, and striking answer interposed by borrower. Saxon Mortgage Services, Inc. v. Wright, No. 707856/2017 (N.Y. Sup. Ct. July 22, 2019).

Obtained declaratory relief discharging erroneous satisfaction of mortgage and declaring the operative CEMA and mortgages valid and subsisting liens and encumbrances on the subject property. Saxon Mortgage Services, Inc. v. Trovato, No. 610603/2017 (N.Y. Sup. Ct. July 30, 2018).

In a quiet title dispute, obtained dismissal of fraud and unjust enrichment claims brought against insured by plaintiff seeking to unwind a foreclosure judgment and alleging the misappropriation of real property. Lindow v. Royal Realty Associates, LLC, No. 8588/2014 (N.Y. Sup. Ct. 2018).

Obtained judgment in favor of a mortgage servicer declaring an erroneous satisfaction of mortgage null and void, directing the city register to cancel and discharge said satisfaction of mortgage, and declaring the CEMA/mortgages valid and subsisting liens and encumbrances on the subject property. SMI Home Mortgage v. Solano, No. 0381270/2009 (N.Y. Sup. Ct. 2017).

Obtained dismissal of lawsuit against servicer/lender alleging violations of TILA, Maryland's Consumer Protection Act, and RESPA and asserting claims of rescission, conversion, wrongful foreclosure, and breach of fiduciary duty. Jean-Baptiste v. Saxon Mortgage Services, Inc., No. CAE13-04688 (Md. Cir. Ct. July 16, 2015).

Obtained dismissal of complaint alleging fraud, unjust enrichment, violations of the FDCPA and TILA, and other claims against lender/mortgage servicer. Craig v. Saxon Mortgage Services, Inc., No. 2:13-cv-04526, 2015 WL 171234 (E.D.N.Y. Jan. 13, 2015).

Obtained dismissal of action against lender alleging certain violations related to abandoned property and seeking fines/violations. Mayor & City Council of Baltimore v. Saxon Mortgage Inc., No. 23651-14 (D. Md. 2015).

Obtained an order discharging erroneous satisfaction of mortgage and declaring the CEMAs valid and subsisting liens on the subject premises, taking priority over other liens. SMI Home Mortgage v. Coyne, No. 17838/2009 (N.Y. Sup. Ct. 2014); SMI Home Mortgage v. Downs, No. 18262/2009 (N.Y. Sup. Ct. 2014); SMI Home Mortgage v. Goodman, No. 23786/2009 (N.Y. Sup. Ct.); SMI Home Mortgage v. Sakla, No. 005220/2009 (N.Y. Sup. Ct.); SMI Home Mortgage v. Hakanjin, No. 10870/2009 (N.Y. Sup. Ct.).

Mortgage servicer not liable in action to determine adverse claims to property under New York Real Property Actions and Proceedings Law. Deramo v. Laffey, No. 15061/2011 (N.Y. Sup. Ct. 2014).