Of Interest

  1. Jury Must Decide if Mall Had Notice of Dangerous Wire (PA) Thursday, May 25, 2017 - In Brown v. Stroud Mall, the plaintiff was employed as an assistant manager in a shoe store in the Stroud Mall. Following her afternoon shift, the plaintiff walked down a publicly accessible hallway toward the entrance that led to the … Continue reading ...
  2. Burden on Defendant to Establish Collateral Source (NY) Thursday, May 25, 2017 - Under New York law, collateral offsets are an important tool in limiting damages and preventing plaintiffs from receiving duplicative recovery in a personal injury case. But a recent decision underscored the fact that the defendant is the party who carries … Continue reading ...
  3. PA Court Enforces Settlement Where Policy Limits Demanded And Offered Thursday, May 25, 2017 - In Wise v. Hyundai Motor Company, a passenger died in an automobile accident and her estate sued the owner of the car, the driver of the car, and various insurance companies. This lawsuit was originated in Monroe County, Pennsylvania and implicated … Continue reading ...
  4. Abandoned Complaint Dismissed Despite Attorney’s Death (NY) Thursday, May 25, 2017 - In Kim v Wilson, the Second Department Appellate Division addressed the requirements needed to have an “abandoned complaint” dismissed. The lawsuit stemmed from a car accident in August 2007. The defendant was personally served with the summons and complaint in … Continue reading ...
  5. Hotel Owed No Duty to Shooting Victims at Music Event (NJ) Thursday, May 25, 2017 - In Higgins v. Holiday Inn, the Appellate Division analyzed whether a hotel owed a duty to take reasonable precautions by providing security for an event held at the hotel. For nineteen weeks, Disc Jockey Clarence Francis hosted and performed at a … Continue reading ...
  6. Occasional Missteps in the Process of Reviewing and Litigating UIM Claim do not Constitute Bad Faith Per Se Friday, May 19, 2017 - In the case of Ridolfi v State Farm., Federal Magistrate Judge Carlson of the Middle District granted an insurer’s Motion for Summary Judgment in a UIM bad faith case. The Plaintiff alleged bad faith based on State Farm Mutual Automobile … Continue reading ...
  7. Valuation Of Property In Court’s Purview Says Pennsylvania Court Friday, May 19, 2017 - Pennsylvania court holds that a dispute over the value of property, for purposes of insurance coverage, is a material fact that must be settled by the court. In Brown v. Everett Cash Mut. Ins., the insureds’ home was totally destroyed … Continue reading ...
  8. Renewal Application Creates No Obligation for Coverage Friday, May 19, 2017 - “He who represents himself has a fool for a client”  – a saying often attributed to Abraham Lincoln, and just last week apparently co-signed by the Appellate Division of the New Jersey Superior Court in Sicari v Hartford Insurance Company … Continue reading ...
  9. Limited Business Interruption Coverage in Superstorm Sandy Litigation Friday, May 19, 2017 - In a recent New Jersey decision regarding business interruption coverage, the Appellate Division held that plaintiff’s insurance policy only covered damage that occurred on the plaintiff’s premises, and that coverage was limited by a coverage extension endorsement. In Schultz Furriers. … Continue reading ...
  10. This and That by Dennis Wade Thursday, May 18, 2017 - CAPTAIN You gonna get used to wearing them chains after a while, Luke. Don’t you never stop listening to them clinking, ’cause they gonna remind you what I been saying for your own good. LUKE (sarcastically) I wish you’d stop … Continue reading ...
  11. Continuous Trigger Coverage Expanding in PA or Still Only About Asbestos? Monday, May 15, 2017 - That was the question (effectively) posed before the Commonwealth Court in the case of Pennsylvania Manufacturers’ Association Insurance Company v. Johnson Matthey, et al. In the case (which was brought in the Commonwealth Court because PA’s Department of Environmental Protection … Continue reading ...
  12. This and That by Dennis Wade Thursday, May 11, 2017 - May you live in interesting times!—a blessing and a purported Confucian curse.  On late Tuesday afternoon my iPhone 7 pinged: Trump fires Comey. The next morning, sleepy-eyed, and really focused on the day’s crossword puzzle, I snatched the NYT and … Continue reading ...