Author: Colleen Hayes

New York (Insurance Coverage) State of Mind (NY)

In City of New York v. Fleet General Insurance Group Inc., the Eastern District of New York addressed the causal link required to trigger an insurer’s duty to defend an additional insured. This case arises out of a state-court lawsuit, filed against the City of New York, for millions of dollars in property damage, that allegedly occurred when a section of Northern Boulevard in Queens collapsed...Read More

Not So Slippery Slope: NJ Supreme Court Rules On Slip And Fall Snow / Ice Cases (NJ)

We previously reported a decision by the New Jersey Appellate Division in Pareja v. Princeton International Properties, which held that commercial landowners have a duty to prevent or remediate snow and ice conditions on their sidewalks even when precipitation is falling. The New Jersey Supreme Court, in a landmark decision, has reversed the Appellate Division and has held that the commercial...Read More

Does COVID-19 Mean Quarantine? (PA)

In a recent order from the Eastern District of Pennsylvania, the court addressed the first of what is sure to be many cases stemming from cancellations of vacations and other travel due to COVID-19. This case was a putative class action filed on behalf of individuals who cancelled travel due to the coronavirus pandemic and whose claims for travel insurance claims were later denied by the...Read More

A Synysta Labor Law Case (NY)

Volodmyr Synysta v. 450 Partners LLC, NY Slip Op. 50508(U), 2021 WL 2213821 (Kings County, May 20, 2021) is a Labor Law action. Plaintiff brought Labor Law §§240(1), 241(6), 200, and common law negligence claims against various parties for injuries sustained after falling from a scaffold at a construction site. In the instant motion, Plaintiff sought summary judgment on his §§ 240(1), 241(6)...Read More

Pennsylvania Federal Court Pulls The Emergency Brake On Car Dealers’ COVID-19 Lawsuits (PA)

In Star Buick, et al. v. Sentry Ins. Group, the Eastern District of Pennsylvania on May 26, 2021 dismissed plaintiffs’ Star Buick GMC, Star Buick GMC Cadillac, and Star Pre-Owned Bethlehem (collectively “Star Buick”) complaint seeking loss of business income pursuant to an all-risks business protection insurance policy. Star Buick filed an amended complaint seeking the loss of business...Read More

Pennsylvania Superior Court Attempts To Interpret Tincher

The Pennsylvania Superior Court, in interpreting Tincher, recently confirmed that a plaintiff may simultaneously proceed in alleging a strict products liability defective design claim and a negligent design cause of action. Thus, the legal landscape as to what exactly Tincher means in any practical sense continues to be muddied. In the wake of Tincher, which mixed negligence principles into...Read More

Discoverability of Litigation Funding Information (NY)

Coronado v. Veolia N. Am. Inc., No. 450319/2019 (NY Cty. Sup. Ct. Apr. 5, 2021) is a personal injury case, wherein Plaintiff alleges she was entering an Access-A-Ride when another vehicle collided with it, thereby causing her to fall and sustain injuries. Plaintiff brought suit against the driver of the colliding vehicle and other parties. The motion before the court involved a discovery...Read More

Philadelphia Court Allows COVID Insurance Cases To Move Forward (PA)

A Philadelphia insurer has asked a Philadelphia County judge to stay several cases it is facing from preschool franchisees, which claim they were improperly denied coverage for pandemic-related losses suffered after being forced to shut down. The insurer, pointing to a pending appeal in the Superior Court, argued that the holding would “likely be substantially controlling with respect to...Read More

Something Borrowed (PA)

Continental Cas. Co. v. Pennsylvania Nat. Mut. Cas, involved a dispute between two (2) insurance carriers arising out of a motor vehicle accident and its subsequent settlement. Specifically, Continental Cas. Co. (Continental) commenced suit against Pennsylvania Nat. Mut. (Penn National) seeking reimbursement from Penn National, under an equitable contribution theory, for settlement sums paid...Read More

EDPA Upholds An Insurer’s Choice of (Maritime) Law Clause (PA)

After the recent kerfuffle in the Suez Canal, it seems as though ships running ashore and maritime law are becoming common topics of conversation. Most recently, the Eastern District of Pennsylvania addressed the impact of an insurer’s choice of law provision in an insurance contract in connection with an insured seeking coverage for damages following its ship running aground. Great Lakes...Read More