Of Interest

  1. This and That by Dennis Wade Thursday, April 20, 2017 -   #NoWordsNecessary On my walk to work, pasted on a bus stop kiosk, I spotted an image of an elegant and frosty bottle of vodka. The poster bore no ad copy, save for this Twitter handle: #NoWordsNecessary. And it struck … Continue reading ...
  2. You Can’t Have it Both Ways: No Recovery for Quantum Meruit if there is a Contract Wednesday, April 19, 2017 - Sometimes there is no specific contract or agreement for work one party performs for another.  Under general contract of law principals, courts may award quantum meruit damages—a reasonable sum of money to be paid for services rendered or work done … Continue reading ...
  3. Expert Required for a Battle of the Experts Wednesday, April 19, 2017 - Oftentimes it is difficult to decipher between normal wear and tear–a non-covered loss–versus damage due to an occurrence.  Experts may be needed to show the difference. In Fazio v. State Farm Fire & Cas. Co., the insured submitted a claim … Continue reading ...
  4. Labor Law 240 Applied to Sprinkler Maintenance Contract Where Modifications to System Involved “Significant Physical Change” Wednesday, April 19, 2017 - Courts keep on expanding the reach of Labor Law 240’s applicability.  Even the sacred “routine inspection and maintenance” work is now expanding. In Concepcion v. 333 Seventh, LLC, the building hired plaintiff’s employer to “routinely conduct inspections and maintain the … Continue reading ...
  5. Snow Removal Contractor Unwittingly Alters the Terms of his Contract and Finds Himself Liable Wednesday, April 19, 2017 - A Pennsylvania judge’s denial of a snow removal contractor’s motion for summary judgment has interesting implications for premises liability cases in the Commonwealth.  In the case of Reilly v. Main Avenue Realty Development, LP, the court addressed the liability of … Continue reading ...
  6. Wrap Up Exclusion Ambiguity Renders Provision Null       Wednesday, April 19, 2017 - A federal judge in the District Court of Connecticut issued a decision that should serve as a warning to insurers that policy provisions may be rendered useless if the terms are ambiguous by a “reasonable layperson.” In Thompson v. National … Continue reading ...
  7. Dennis Wade Speaks at 2017 NYSBA Annual Insurance Coverage Program Tuesday, April 18, 2017 -   On May 19, 2017, Dennis is a speaker at the NYSBA’s Updates and Hot Trending Topics Affecting Insurance Coverage. Dennis’s focus is bad faith and consequential damages. His submission is entitled: Recent Developments in the Law of Bad Faith in … Continue reading ...
  8. This and That by Dennis Wade Tuesday, April 18, 2017 -   “If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein The truth of Einstein’s dictum, to be sure, applies to quantum physics. But equally, it applies to “legal writing.” Yet “legal writing,” so far … Continue reading ...
  9. Homeowners Policy Does Not Cover Home Renovations (PA) Wednesday, April 12, 2017 - In Fazio v. State Farm Insurance, the US District Court for the E.D. Pennsylvania recently discussed an insured’s burden to prove a property damage claim falls within a policy’s coverage terms.  In this declaratory judgment action, the Fazios claimed that they … Continue reading ...
  10. New Car Stacks UIM Coverage Unless Waived (PA) Wednesday, April 12, 2017 - In Pergolese v. The Standard Fire Insurance Co., the Pennsylvania Superior Court was tasked with determining whether an insured was entitled to stacking of underinsured motorist benefits.  At issue was whether an added vehicle to a preexisting insurance policy provided … Continue reading ...
  11. Sole Fact of a Workplace Fall Falls Short For Labor Law § 240(1) Claim (NY) Wednesday, April 12, 2017 - The New York Court of Appeals recently reiterated that the fact of a workplace fall alone is insufficient to support a summary judgment under Labor Law § 240(1).  In O’Brien v. Port Authority, the plaintiff, O’Brien, was injured while working … Continue reading ...
  12. Lender Beware– Suit Against Motorcycle Owner Survives MSJ (NY) Friday, April 7, 2017 - The Tompkins County Supreme Court recently denied summary judgment to a motorcycle owner in Perkins v. Cnty of Tompkins, 2014-0037 (March 2017) because of an issue of fact as to the owner’s entrustment to the operator of her motorcycle. Perkins … Continue reading ...