Victor Suarez has taken legal action against a major insurance company, seeking to enforce a substantial judgment from a previous personal injury case. On November 14, 2025, Suarez filed a complaint in the United States District Court for the Eastern District of New York against Peleus Insurance Company. The lawsuit aims to hold Peleus accountable for failing to fulfill its obligations under an insurance policy issued to DHC Contracting Inc., following an accident that left Suarez severely injured.
The case traces back to December 27, 2022, when Victor Suarez was injured at a construction site in Queens, New York. A foundation wall collapsed, causing him catastrophic injuries. Subsequently, on February 17, 2023, Suarez initiated legal proceedings against DHC Contracting Inc., You Bin Xue, and SXC Inc., citing violations of New York Labor Law § 240(1). Despite being insured by Peleus under a commercial general liability policy for the project where the incident occurred, DHC failed to respond to the lawsuit. As per court documents, Peleus disclaimed coverage based on what they argued was a "Contractor Conditions" exclusion within their policy.
Suarez's attorneys argue that this exclusion is not applicable as neither he nor his employer were hired by DHC or worked on its behalf. Instead, they were retained directly by the property owner while DHC was separately engaged to supervise the project. This distinction is crucial because it challenges Peleus's basis for denying coverage and highlights their alleged failure to defend and indemnify DHC as required by law.
The legal battle intensified after January 31, 2024, when the Supreme Court of Kings County granted a default judgment against DHC amounting to $1.5 million plus interest. Despite being notified of this judgment and requested to satisfy it under New York Insurance Law § 3420(a)(2), Peleus refused payment and introduced new grounds for denial such as "failure to cooperate" and "late notice." These defenses are contested by Suarez’s legal team who maintain that timely notice was provided and that Peleus’s actions are unjustified.
In his lawsuit against Peleus Insurance Company, Victor Suarez seeks enforcement of the $1.5 million judgment with additional statutory interest accrued through November 4, 2025—totaling approximately $1.739 million—as well as attorneys' fees and other costs associated with this action.
Representing Victor Suarez is Marc E. Freund from Lipsig, Shapey, Moverman, Freund & Wisell PLLC located in New York City. The case is presided over by Judge Larry D. Martin with Case ID: 1:25-cv-06355.
Source: 125cv06355_Suarez_v_Peleus_Insurance_Company_Complaint_Eastern_District_New_York.pdf