Author: Suzan Cherichetti

Exclusion for Prior Dishonest Acts Can’t Scrap Coverage for Stolen Metal (PA)

In National Retail Systems Inc v. Markel Insurance Company, the Eastern District of Pennsylvania examined ambiguous language in an insurance coverage dispute arising out of employee theft. The federal judge held that an exclusion barring coverage for “prior dishonest acts” did not apply to cases of collusion where only one of the conspirators had a known history of dishonesty....Read More

City Defendants Win Summary Judgment on Trivial Defect Defense (NY)

In Acevedo v. City of Yonkers, the infant plaintiff was allegedly injured when he was playing basketball in the street in front of his home, located in Yonkers, and tripped and fell over a water valve cap that was recessed into the street. The family brought suit against the City of Yonkers. The defendants moved for summary judgment dismissing contending that they did not receive prior written...Read More

Defective Sidewalk – Do not look at Con Ed (NY)

In Curiel v. City of New York, the Supreme Court, New York County addressed whether the defendants – Con Edison, 1) owned the location where plaintiff allegedly fell, 2) cause or create the subject location and 3) that it was under a legal duty to repair the subject condition. The Supreme Court granted Con Edison’s motion for summary judgment to dismiss the complaint and all cross claims...Read More

Third Circuit Affirms Doctor’s Sexual Misconduct Is Not Within the Scope of His Employment, and Thus Not Covered Under Professional Liability Policy

The Third Circuit affirmed a New Jersey District Court’s ruling that there is no coverage for a doctor’s claim for coverage in an underlying sexual misconduct and medical malpractice lawsuit, affirming the well-established principle that an employee’s conduct outside the scope of employment prevents them from being an insured under the employer’s policy. Dr. Jonathan Fellus was employed as a...Read More

SDNY To Decide Whether Time Magazine Entitled to Indemnification for Consumer-Protection Violations

While the Covid-19 pandemic remains the focus of the insurance industry, with potentially billions of dollars at stake, other litigation continues to shape the coverage landscape.  One of these interesting cases is Time, Inc., et. al v. Mutual Insurance Company Limited, where the Southern District of New York is set to decide whether Mutual Insurance Company is liable for over $7 million in...Read More

Fore! Was the Swing Foreseeable? (NY)

In Carpaneto v. Middle Bay Golf Club, the Appellate Division, Second Department addressed whether the defendant, Middle Bay Golf Club, satisfied its duty of supervision over the children it was charged with training. Plaintiff, seven years old, participated in Junior Golf Day at the defendant’s club. Plaintiff was part of a group of children at the club’s chipping station where there were two...Read More

CrossFit Discovery Sanctions Case: Court Waits for the Merits Before Deciding Coverage

In National Casualty Company v. National Strength and Conditioning Association, the Southern District of California weighed in on the insurance coverage implications for sanctions arising out of alleged discovery misconduct.  In that decision, the court held that there could be no quick ruling regarding coverage for the sanctions pending the appeal for whether those sanctions were warranted....Read More

Plaintiff Cries Foul Over Wet Basketball Court (NY)

In Asprou v. Hellenic Orthodox Community of Astoria, the plaintiff was injured when he slipped and fell on water leaking from the roof of the defendants’ gymnasium while playing basketball at the defendants’ school. The school moved for summary judgment seeking to dismiss the complaint by arguing that the school did not create the dangerous condition or have actual or constructive...Read More

This and That by Dennis Wade

For those who may have followed my musings in This and That, of late, I have been strangely silent.  And here, I think, is why. A lawyer friend recently published a piece on my Alma Mater’s victory (the Manhattan DA’s Office) in getting the top court to reaffirm the cherished constitutional principle: “No man is above the law” (even the sitting President of the United States). Of course, the...Read More

Concrete Coverage Opinion to Aid Covid Cases (NY)

With recent COVID-19 related coverage cases being filed on a daily basis, the ongoing question of how courts will interpret business interruption provisions remain. Business interruption insurance is designed to indemnify the insured against losses arising from the inability to continue normal business operation and functions due to the damage sustained as a result of the hazard insured...Read More