Of Interest

  1. WADE CLARK MULCAHY – On the Move Friday, September 23, 2016 - We are pleased to announce that, with effect from Monday, September 26, 2016, WCM will let its results speak for themselves from our new New York office at 180 Maiden Lane, New York, New York 10038. Our telephone number remains … Continue reading ...
  2. Bad Verdict? NJ Clarifies Standard of Review Wednesday, September 21, 2016 - One of the more vexing problems in civil litigation is whether a court should overturn a jury verdict on the issue of damages.  What may seem to be a well-deserved albeit generous award to one person may seem like a … Continue reading ...
  3. Moving for Summary Judgment Based Upon Assumptions of Fact? Bad News for U and ME Tuesday, September 20, 2016 - In Giantomaso v. T. Weiss Realty Corp., the Second Department recently discussed how issues of constructive notice and res ipsa loquitur can intertwine to create issues of fact preventing either plaintiffs or defendants from prevailing on summary judgment. The case … Continue reading ...
  4. Taxi Responsible for Fatal Hit of Passenger After Drop Off (NY) Tuesday, September 20, 2016 - Recently, the Appellate Division, Second Department, held that a taxi driver may owe a duty to its passenger once the passenger has exited the vehicle. In O’Connor v. Ronnie Cab Corp., 2016 NY Slip Op 05980, plaintiff exited a taxi … Continue reading ...
  5. In a Surprising Change of Pace, the 1st Department Limits Scope of Additional Insured Coverage (NY) Monday, September 19, 2016 - In a decision that is sure to have substantial reverberations in construction coverage disputes, the First Department, Appellate Division recently ruled that blanket AI endorsements require contractual privity between the named insured and the party seeking additional insured status. In … Continue reading ...
  6. WCM Defeats Claim For Title Coverage Under Fine Arts Dealer Policy Friday, September 16, 2016 - In a matter of first impression, WCM convinced the New York Supreme Court that a fine arts dealer all-risk policy does not provide coverage for defective title, notwithstanding the fact that the policy was silent in respect of defective title, … Continue reading ...
  7. EPA Notice Letter A Suit Under Policy (NJ) Friday, September 16, 2016 - Cooper Industries v. Wasau is an insurance coverage dispute that arose out of a massive Passaic River cleanup effort by the EPA and State of New Jersey and their efforts to collect payment from potentially responsible parties (PRP). Cooper received a PRP … Continue reading ...
  8. You Get What You Ask For: Trial Dismissal Reversed Based On Discovery Demands (NY) Friday, September 16, 2016 - In Fox v. Grand Slam Banquet Hall, plaintiff’s case was dismissed due to the untimely production of a video of the scene of her accident.  Plaintiff alleged she fell when she tripped over wires when she was attending a party … Continue reading ...
  9. Plaintiffs Tripped Up By Their Own Testimony On Summary Judgment (NY) Friday, September 16, 2016 - Courts often cite to party testimony to find a factual dispute which forms the basis to deny a summary judgment motion.  But in two recent cases out of the First Department Appellate Division, the courts found in favor of property-owner defendants, … Continue reading ...
  10. No Coverage Owed for Junk Faxes (PA) Friday, September 16, 2016 - Junk faxes have now been overtaken by spam email, but a number of statutes were passed to protect the public from harassment by fax, including the Telephone Consumer Protection Act.  A recent federal court case dealt with whether insurance coverage … Continue reading ...
  11. Insurer not Obligated to Cover Loss for Time when Policies are not Available in Marketplace (NY) Friday, September 16, 2016 - The Appellate Division, 2nd Department, was recently called upon to address the proper allocation of the risk of loss attributable to a continuous harm occurring, in part, during periods when liability insurance was unavailable in the marketplace. Although though this issue … Continue reading ...
  12. Reminder from the Second Circuit—Be Specific with AI Endorsements Friday, September 9, 2016 - In First-mercurty-ins-co-v-shawmut-woodworking-supply-inc, the Second Circuit had the opportunity to analyze a common Additional Insured Endorsement, and the court issued two pertinent reminders relating to additional insured endorsements:  (1) a “written contract or agreement” need not be a single document, and … Continue reading ...