WCM Partner Bob Cosgrove Elected to Presidency of Philadelphia Association of Defense Counsel.

On June 5, 2018, WCM Partner Bob Cosgrove was elected to the presidency of the Philadelphia Association of Defense Counsel at the PADC’s annual meeting. Founded in 1947, the PADC is the oldest continuously operating local defense organization in the US. The PADC’s mission, as set forth in its by-laws, is to “to protect and advance the interests of civil defendants and their counsel; to disseminate knowledge and information within the defense trial bar; to foster cooperation and good fellowship among members of this Association; to act as an organized spokesman for defendants and their interest in the administration of justice; and to encourage compliance with the highest standards of professional conduct.” The PADC has active judicial relations, amicus and community service committees and also hosts monthly CLE lunches on various topics of interest to the defense community.

For more information about this post (or PADC or WCM), please e-mail Bob Cosgrove.

WCM Obtains Summary Judgment Dismissal in NJ Motorcycle Case.

Partner Michael Bono and Associate Michael Noblett obtained summary judgment on behalf of Motorcycle Rider Training, Inc. in Middlesex County, New Jersey. In the case of Chrisoula DeLaurentis v. Motorcycle Rider Trainer, Inc., plaintiff filed suit alleging that she was improperly coached during the motorcycle safety course administered by our client.

We filed our motion for summary judgment because plaintiff signed a waiver of liability form which is a promise not to sue in the event of an accident. In New Jersey, however, a plaintiff who signs a waiver of liability form can still sue for “gross negligence.” In her opposition to our motion, plaintiff argued that the waiver of liability form was unenforceable because it was against public policy. In the alternative, plaintiff argued that MRT committed gross negligence. We analogized recent case law on point from the Supreme Court in arguing that the waiver of liability form was enforceable. We also analogized recent case law to argue that MRT’s conduct did not even come close to qualifying as gross negligence. The judge agreed and granted our motion.

For more information about this post please e-mail Mike Bono.

WCM Obtains Summary Judgment Dismissal in NJ Slip and Fall.

Partner Paul Clark and associate Michael Noblett obtained a dismissal on summary judgment for Wells Fargo Bank. In Howard Stewart v. The Madison at Ewing Condo Association, plaintiff was injured after slipping on ice on the exterior balcony of a condo unit. The ice formed due to water leaking down from burst pipes which were in the unit above. That unit was owned by two individuals who had vacated and abandoned it. Those individuals had borrowed money from Wells Fargo to purchase their unit before they vacated it.

Both plaintiff and the homeowner association argued that Wells Fargo, as the mortgage loan lender, was liable because it knew the unit was vacant, but failed to enter the unit to winterize it. In our motion for summary judgment, we used case law dating back to 1941 to argue that Wells Fargo owed no duty to the plaintiff or the homeowner association where it did not manage or control the unit. Our argument was successful and the judge dismissed the case.

For more information about this post please e-mail Paul Clark.

WCM Partner Speaks to Academy of Experts in London.

On March 14, 2018, WCM Partner Bob Cosgrove spoke to The Academy of Experts at Gray’s Inn, Inns of Court, London, UK. His presentation was entitled “I’m a Bit of an Expert: The Use of Experts in US Litigation.” The seminar explained the differences between US and UK approaches on experts and how that impacts the ultimate outcomes of litigation.

For more information about this post please e-mail Bob Cosgrove.

WCM Partner Speaks to Insurance Institute of London.

On March 13, 2018, WCM Partner Bob Cosgrove spoke to the Insurance Institute of London in the Old Library at the Lloyd’s of London building. His presentation was entitled “Lost in Translation: Claims Handling in UK and USA Jurisdictions.” The seminar explored how language reflects culture which helps to explain why insurance claims are handled differently in the US as opposed to at Lloyd’s.
For more information about this post please e-mail Bob Cosgrove.

WCM Obtains Favorable Result in Queens, NY Labor Law Trial.

Partner Bob Cosgrove obtained a favorable result in a Queens, NY Labor Law trial. In the case of Carlos Garcia v. Mark Boccia, et al., the plaintiff was a contractor who was injured while working on renovations at the defendants’ summer home. Specifically, Garcia fell from a roof and suffered burst fractures that rendered him unable to ever again work. To get around the restrictions of NY’s Labor Law single-family homeowner exception, Garcia claimed that Boccia told him that he planned to rent the house out. During trial, we were able to bring the plaintiff’s credibility into serious question and also present collateral evidence (including defendant wedding pictures) that on the date of the accident, the defendants intended to live there (and not use it for any commercial purposes).

Before the trial before Judge Esposito began, plaintiff made a demand of $4,400,000. Right before summation on the liability phase of the trial, the case settled for $100,000.

For more information about this post please e-mail Bob Cosgrove.

Eagles Win!

Some of you may have heard that the Philadelphia Eagles just won their first Super Bowl. It’s kind of a big deal down here in Philadelphia. So for those who have interest in such things, enjoy the pictures of the Eagles’ celebratory parade that our very own Clayton Thomas took from our office windows.

WCM Shares the Holiday Spirit

On November 30, 2017, WCM Counsel Colleen Hayes and Associate Hillary Ladov, both of the Philadelphia office, helped make the holidays a little brighter for the children supported by Turning Points for Children with a donation at the annual Philadelphia Bar Association Young Lawyers Division Holiday Party. Colleen serves as the liaison for the Philadelphia Association of Defense Counsel and Hillary was recently elected Financial Secretary for the Young Lawyers Division Executive Committee. Turning Points for Children is the leading social service agency in Philadelphia, offering programs that help families in raising safe, healthy, educated, and strong children by partnering with caregivers to develop and strengthen protective qualities and by offering them the tools, skills, and resources needed to ensure their children’s optimal development.

For more information about this post please e-mail Bob Cosgrove.

WCM Associate to Serve as Co-Chair of American Bar Association Committee.

WCM Associate Sathima Jones, who works in WCM’s Philadelphia office, has been selected to serve as Co-Chair of Articles and Editor of the American Bar Association’s Minority Trial Lawyer Committee’s Newsletters. Prior to her appointment as co-chair, Sathima previously served as an author and editor of the American Bar Association’s blog “Practice Points” for three (3) years. Sathima focuses her practice on commercial litigation (including insurance coverage) and property damage litigation.

For more information about this post please e-mail Bob Cosgrove.

The Last Domino Falls: New Jersey Is Now Officially “Continuous Trigger” on CD Cases.

It was a long time in the making (or preventing), but New Jersey is now officially a continuous trigger jurisdiction when it comes to construction defect litigation and CGL policies.

In the case of Air Master v. Selective Insurance, the appellate court was faced with a “typical” NJ construction defect case, i.e. a large condominium complex which years after completion experienced water infiltration and resulting damages.

The case’s key facts are:

• Air Master’s work was conducted between November 2005 and April 2008;

• Water damage (allegedly resulting from the work) was noticed as soon as February 2008;
• But, it was not until April 2010 that an “expert” documented the water issues;

• Penn National insured Air Master from November 2005 to April 2008;

• Selective insured Air Master from June 2009 until June 2012; and

• Harleysville insured Air Master from June 2012 to June 2015.

The Superior Court, in an approved for publication decision, was effectively asked to determine whether Selective’s policy obligations were limited to “property damage” that occurred during its policy periods. In a 29 page opinion, the Superior Court held that:

(1) a “continuous trigger” theory of insurance coverage may be applied in this State to third-party liability claims involving progressive damage to property caused by an insured’s allegedly defective construction work.

(2) the “last pull” of that trigger — for purposes of ascertaining the temporal end point of a covered occurrence — happens when the essential nature and scope of the property damage first becomes known, or when one would have sufficient reason to know if it.

(3) the “last pull” of the trigger does not occur until there is expert or other proof that “attributes” the property damage to faulty conduct by the insured.

So, what does all of this mean? The bad news (especially for Selective in the case at bar) is that insurers will no longer able to argue that, in the absence of evidence of “property damage” during the policy period, there is no coverage — so, earlier in time insurers are likely to bear more risk. But, the good news is that the “trigger” ends (it seems) when there is actual or constructive notice of the “property damage” — which means that later in time insurers should be able to limit coverage…if they can establish notice of the problems.

The last domino has finally fallen, but a new game is about to begin.

For more information about this post please e-mail Bob Cosgrove.