Author: Paul F. Clark

NY: A&B Sub-Limit Applies To Primary But Not Excess Policy

It is a harsh reality that courts will give policyholders every benefit of the doubt in interpreting the terms, conditions and limits of policies of insurance. Insurers must be careful to place their insureds on notice of significant exclusions and limitations through the use of clear, concise and plain language in their policy forms. Even trickier, most states require that insurers timely...Read More

App. Div: School’s are Not Insurers of Student’s Safety During Recess

In Benavides v Uniondale Union Free School Dist., the infant-plaintiff – a second-grade student – commenced an action against his school for inadequate supervision after he was pushed down a slide by a fellow student during recess. The school established its entitlement to summary judgment by showing the playground was adequately supervised and that the level of supervision was not...Read More

NJ Supreme Court Rejects Employee’s Direct Action Against WC Carrier For Pain and Suffering

No one seems happy with the workers compensation system. Employers and their insurers complain that the system is biased in favor of employees, awarding compensation even in the face of fraud, malingering or worse. On the other hand, employees kvetch that workers compensation insurers are slow to process and pay claims, leading to delays in treatment, needless anxiety and unhappy medical...Read More

Janet’s Law Requires AEDs At School (NJ)

New Jersey Governor Chris Christie recently signed “Janet’s Law,” which requires New Jersey public and non-public schools to have an automated external defibrillator (AED), to train school officials and coaches on the use of AEDs, and to establish emergency action plans for responding to sudden cardiac events. The law also requires that the mandated AEDs be maintained in accordance with the...Read More

High Tech Security System Shields Homeowner’s Association In Assault Case (NY)

In Diaz v Sea Gate Assn., Inc, the plaintiffs were attacked in their home located within a private, gated community that was managed, maintained and controlled by the defendant homeowner’s association. The plaintiffs alleged that inadequate security at the two entrance gates of the community allowed the assailant to enter property and commit his crime.  In dismissing the...Read More

“Regular Use” Exclusion Upheld in Auto Policy (PA)

In the recent case of Adamitis v. Erie Insurance Exchange, the Pennsylvania Superior Court enforced an insurer’s “Regular Use” exclusion despite the plaintiff’s argument that the provision violates public policy. In early October 2005, plaintiff Adamitis was involved in a serious motor vehicle accident with an underinsured motorist while in the course and scope of his employment as a bus...Read More

Owner has “Grace Period” to Clear Snow After Early Morning Storm (NY)

Although no court has yet to specify the exact amount of time an owner has to remove snow after a storm,  the Appellate Division, First Department in Robinson v 156 Broadway Assoc., LLC sheds light on the issue. There, the plaintiff slipped on ice located on the top step of an exterior staircase at 6:30 a.m.  The storm had ended sometime in the “early morning hours.” The First...Read More

Third Party Action Dismissed For Failing to Prove “Acquired Brain Injury” (NY)

In Anton v. West Manor Construction Corp et al., the First Department highlighted the difficulty in proving that a plaintiff suffered a “grave injury” when he is claiming a brain injury.  By way of background, New York only permits a third party claim against an employer when its employee has sustained a “grave injury.” One category of “grave injury” is “an acquired injury to the...Read More

What Happens When Your Expert Goes “Missing”? (NJ)

Experienced lawyers seek every advantage at trial. Your adversary fails to lay the proper foundation for a document’s admission into evidence? Object and seeks its preclusion. A witness is first disclosed on the evidence of trial? Move to bar the witness from testifying at trial. The “adverse inference” or “missing witness” charge is another potent weapon at...Read More

Policy Excludes Coverage For Injuries To Subcontractor’s Employees (NJ)

The New Jersey Appellate Division in Essex v. Pine Towers Group, recently analyzed whether a CGL policy of insurance issued to a general contractor provided coverage for an action seeking damages for bodily injuries to an employee of a subcontractor. Pine Towers (“Pine”) was the general contractor for a construction project in Newark and was issued a policy of general liability...Read More