When a tech company falls victim to a “phishing” scam, and what is the standard for whether that company is entitled to cyber coverage? Of course, that depends on the type of coverage purchased. But in this emerging field, Court guidance on coverage issues like this is relatively scarce.
In PSG LLC v. Ironshore, a technology consulting firm, Principle Solutions Group LLC fell...Read More
The Worker’s Compensation bar can be a blessing or a curse. On the one hand, it prevents an employer from direct personal injury suits from employees, however, this can be contracted around. On the other hand, once the Worker’s Compensation Board has made a finding that the plaintiff is an employee of a party, that party is collaterally estopped from arguing to the contrary in a personal...Read More
The New York Labor Law is a harsh statute that imposes strict liability in certain situations. One exception is the Homeowners’ Exemption, which exempts from liability the homeowners who occupy one and two-family dwellings, who contract for but do not direct or control the work.” This exemption was recently tested in the Second Department in Lazo v. Ricci.
In Lazo, the plaintiff was the...Read More
Earlier this year, we reported on a New York verdict, where a jury awarded eight figures to a plaintiff whose most significant injury was mental and emotional anguish. And we noted in that post that “Emotional trauma is considered an invisible injury because it is not something that can be seen on a scan or repaired with surgery, but can nevertheless lead to high, even exorbitant...Read More
In a case we have been monitoring since we posted about it in February, the Supreme Court of Pennsylvania recently held that an automobile insurance policy provision regarding independent medical examination requirements was void and against public policy because it conflicted with 75 Pa.C.S. §1796(a) of the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”).
The Court answered...Read More
In Barnhart v. Travelers Home and Marine Insurance Company, plaintiff Mary Barnhart sought recovery of underinsured motorist (UIM) benefits after she was injured while a passenger on her husband’s motorcycle. After the motorcycle’s policy was tendered, Barnhart sought—and was denied—UIM coverage under a Traveler’s insurance policy she had purchased.
U.S. District Judge Marilyn Horan of the...Read More
A New Jersey couple, the Inganamorts, recently filed an appeal to the 3rd U.S. Circuit Court of Appeals after losing to their insurer, Chartis, in a coverage battle that truly rocked the lower court’s boat. The original dispute arose after the Inganamorts sought coverage with Chartis when their yacht partially sank while docked at a marina in Boca Raton, Florida. Chartis denied coverage for...Read More
In Evans v. NYCT, the Appellate Division heard an appeal from the plaintiff for a new trial claiming the jury verdict was against the weight of the evidence. The City opposed the appeal because plaintiff failed to make a post-verdict motion to set aside the verdict and claimed the objection was thereby waived. The Second Department disagreed.
Plaintiff was allegedly injured when she...Read More
Hearsay is a part of evidence class in law school, but given all the exceptions, exemptions, and frankly, statements that simply are not hearsay, professors could spend an entire semester examining hearsay alone. Hearsay is an out of court statement introduced into evidence by a litigant to prove the truth of the matter asserted by the statement’s declarant. What about signage though? Signs...Read More
The Eastern District of Pennsylvania recently granted a motion for summary judgment finding that a motor vehicle accident involving two consecutive rear-end collisions, often called an “accordion collision,” was considered two separate accidents for purposes of insurance coverage. The underlying case took place in the Philadelphia Court of Common Pleas. On October 29, 2016,...Read More