The Dec. 20 ruling by a New York State Supreme Court judge in favor of American Guarantee and Liability Insurance Company may indicate the ultimate outcome for other pending lawsuits centering on claims for the recovery of Y2K computer upgrade expenses, one industry observer says.
Steven Brower, an expert in computer law and a litigation partner at Stephan, Oringher, Richman & Theodora, P.C. in Costa Mesa, Calif., noted that on Dec. 29 a trial court in the state of Washington had dismissed the remains of a similar lawsuit filed by the Port of Seattle against Lexington Insurance Company.
In the New York case, Supreme Court Judge Charles Edward Ramos determined that Xerox Corp. had failed to give AGL timely notice of the claim as required by its property insurance policy.
