Of Interest

  1. Court of Appeals Examines “Occurrence” Skirmish (NY) Thursday, February 23, 2017 - Some consider insurance coverage law as exciting as watching paint dry on a basement wall.  Others approach the subject matter with enthusiasm, akin to delving into a spirited philosophical argument about the nature of truth, beauty, or excellence. The understanding of … Continue reading ...
  2. WCM Wins Complex Coverage Dispute In First Department Wednesday, February 22, 2017 - Earlier this week, WCM won an Appellate Division First Department affirmance of its previous summary judgment victory on behalf an international trade show insurer in a coverage dispute over the insured value of two diamonds stolen from the Hong Kong … Continue reading ...
  3. This and That by Dennis Wade Wednesday, February 22, 2017 - “In wartime, truth is so precious that she should always be attended by a bodyguard of lies.” – Winston Churchill Of late, tales of “leaks” have spilled across the pages of the press. But my purpose is not to comment … Continue reading ...
  4. Clear Unambiguous Policy Language Excludes Coverage Wednesday, February 22, 2017 - As every lawyer knows, there is no greater business asset than a well-drafted agreement, and insurance policies are no exception.  Recently, in Rosa Pen, Inc. v. Selective Way Insurance Co., the Appellate Division for the Superior Court of New Jersey … Continue reading ...
  5. Pennsylvania Court Orders Plaintiff to Narrow the Complaint to Specify Cause of Plaintiff’s Fall Wednesday, February 22, 2017 - Plaintiffs often use the broadest possible language in a complaint to describe conditions that allegedly caused their premises liability accident in order to preserve their causation arguments as discovery unfolds. This often leaves defendants scratching their heads as to what … Continue reading ...
  6. Sandy Crane Collapse Coverage Dispute Resolved by NY Court of Appeals Wednesday, February 22, 2017 - New York’s highest court determined that there is no coverage in one of the most high profile coverage disputes to emerge in the wake of Superstorm Sandy.  Following the storm, the nation watched transfixed as a construction crane dangled and … Continue reading ...
  7. Expert’s Opinion Rejected Where There Was No Foundation for Opinion Wednesday, February 22, 2017 - Plaintiffs and co-defendants often submit expert opinions in an effort to create issues of fact to defeat summary judgment motions.  However, if the expert opinion is not based on concrete evidence, it may be rejected. In Taylor v. Park Ave. … Continue reading ...
  8. New Jersey Court Finds Truck Drivers May Owe Duty of Care to Unloading Customer Wednesday, February 22, 2017 - Before establishing a party’s negligence, a plaintiff must prove that the party owed it a duty of care.  If a party voluntarily assumes a duty of care it may face liability. In Fiorentino v. Landstar Ranger, Inc. and Falloon, the … Continue reading ...
  9. NY Labor Law – Strict Liability – Strict Interpretation Thursday, February 16, 2017 - New York Labor Law actions involve issues of strict liability — not negligence, a significant distinction. This distinction figured heavily in the court decision of Bridgemohan v. Cornell Group, Inc. The case arose out of a fall from an unsecured … Continue reading ...
  10. Wrong Accident Location… No Problem for Plaintiff (NY) Thursday, February 16, 2017 - The plaintiff commenced a personal injury action for injuries allegedly sustained by him in connection with a construction accident that occurred in Nassau County, New York.  In Hartnagel v FTW Contracting, the plaintiff alleged that the accident occurred while he was performing … Continue reading ...
  11. Sad Times for Lloyd’s of London. Thursday, February 16, 2017 - All good things must come to an end, and, so at last, it seems that lunches with Lloyd’s will now become more American with salads and iced teas rather than two courses and bottles of wine. The reason? Because Lloyd’s … Continue reading ...
  12. NJ Tort Claims Act Defeats Contractor’s Catastrophic Injury Claim Thursday, February 16, 2017 - Plaintiff William Muha became paralyzed from the waist down when he fell off a ladder after accepting a job from Fast Signs to install signs on a column at Kean University.  Muha filed a worker’s compensation claim against FastSigns and … Continue reading ...