Of Interest

  1. Computer Fraud Policy Covers Computer Fraud Only Friday, March 24, 2017 - A Georgia court recently ruled that a computer fraud provision in an insurance policy did not provide coverage in an $11.4 million fraudulent debit card redemptions made over the phone and processed by computers.  In InComm Holdings, Inc. v. Great … Continue reading ...
  2. This and That by Dennis Wade Thursday, March 23, 2017 -   King Richard : A horse, a horse! My kingdom for a horse! When, on March 11, 2017, the First Circuit Court of Maine handed down its ruling in O’Connor et. al. v. Oakhurst Dairy, the owner of Oakhurst Dairy, … Continue reading ...
  3. Court Looks at Four Corners of Complaint and Beyond to Find Coverage Monday, March 20, 2017 - The Southern District of New York recently struck another blow against insurers seeking to disclaim coverage to an additional insured for their vicarious liability based upon a strict reading of the complaint. In JD2 Environmental, Inc. v. Endurance Am. Ins. … Continue reading ...
  4. NJ Discovery Sanctions – IME Fees for No Show Monday, March 20, 2017 - Defense litigators in New Jersey now have a published trial court decision to support motions compelling plaintiffs to pay an independent medical examination “no show” or “late cancellation” fee. In McInroy v. Village Supermarket, Inc., defendants scheduled plaintiff an IME … Continue reading ...
  5. Court Broadly Applies Pollution Exclusion To Oil and Gas Operations Monday, March 20, 2017 - Broad pollution exclusions may be applied to bar coverage in certain circumstances. In Hiland Partners GP Holdings, LLC, et al. v. National Union Fire Insurance Company of Pittsburgh, the Eighth Circuit broadly applied a commercial general liability’s pollution exclusion, upholding … Continue reading ...
  6. Lease Binds Commercial Tenant to Landlord’s Indemnification Cross Claims (NY) Wednesday, March 15, 2017 - Commercial tenants may be held liable for a landlord’s negligence pursuant to a lease’s indemnification language even where the plaintiff would have no claim against the tenant. In Rodriguez v 5432-50 Myrtle Ave., LLC , the Second Department held that … Continue reading ...
  7. Court Spurns Request for Claims Reps’ Personnel Files While Compelling Underwriting Materials in DJ Action (PA) Wednesday, March 15, 2017 - Underwriting manuals and files and claims professionals’ personnel files are guarded business records for any insurance company.  These proprietary and confidential documents were the subject of discovery demands in a declaratory judgment action involving denial of defense and indemnity to … Continue reading ...
  8. This and That by Dennis Wade Wednesday, March 15, 2017 - Remember that feeling, the joyful expectancy of a snow day.  No school. This past Monday,  on the way home from the office,  the mood of all New Yorkers seemed elevated, almost giddy, just like you felt when you were in … Continue reading ...
  9. Homeowner’s Replacement Cost only for Replacement (PA) Tuesday, March 14, 2017 - In Brown v. Everett Cash Mutual Insurance Company, the Pennsylvania Superior Court found no basis for plaintiffs’ breach of contract and bad faith claims against a homeowner’s insurer on a first party claim.  Sabrina Brown and her father, William T. … Continue reading ...
  10. The Building Code applies, but which one? (NY) Tuesday, March 14, 2017 - New York City, like many large metropolitan areas, has maintained a Building Code governing how buildings must be constructed and laid out for well over a century. As with all municipal codes, the Building Code has gone through several iterations … Continue reading ...
  11. Sports Injuries – Some Risks are Still Assumed (NY) Thursday, March 9, 2017 - One piece of common sense courts tend to follow is that people usually assume the risks inherent in the games they play.  Whether it’s a hockey player who might slip on the ice or a gymnast who might fall off the … Continue reading ...
  12. Untimely Expert Report Leads to Dismissal (NJ) Thursday, March 9, 2017 - In New Jersey, the verbal threshold limits plaintiffs from bringing a lawsuit for injuries sustained in an automobile accident.  Specifically, this limitation requires a permanent injury or one that results in a whole or partial loss of a body member or … Continue reading ...