News & Events

District of New Jersey Grants Insurer’s Motion to Dismiss, Finding Virus Exclusion Precluded Coverage

In N&S Restaurant LLC v. Cumberland Mutual Fire Insurance Company, the District of New Jersey ruled upon whether coverage under a businessowners policy for Covid-19 closures was precluded by the policy’s virus exclusion. By way of background, Plaintiff N&S Restaurant had a businessowners policy (“Policy”) with Defendant Cumberland Mutual. Due to the Covid-19 pandemic, an Executive...Read More

North Carolina Superior Court First to Hold Covid Closure Equals Physical Loss

As the first wave of litigation over insurance company denials of business interruption coverage to restaurants and other businesses has begun to result in adjudicated decisions, those denials have been upheld, largely based upon a consistent interpretation that a mandated closure is not equivalent to an actual, direct physical loss or damage, as required to trigger coverage. However, in...Read More

Facebook Discovery Leads to Adverse Inference (NY)

In Safer v. Hudson Hotel, the Civil Court of the City of New York addressed whether an adverse inference charge was proper as part of the trial court’s jury charge. The plaintiff alleged that she stepped on a broken glass in the defendant’s hotel bar which caused serious personal injuries to her mind and body. As such, the defendants served plaintiff with a discovery demand for “color...Read More

New Jersey Court Analyzes Coverage Dispute Regarding Underinsured Motorist Insurance (NJ)

On October 20, 2020, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s granting of summary judgment in favor of Penn National Insurance in Singh v. Chestnut. The court reaffirmed the trial court’s decision that the plain language of Penn National’s Insurance Contract did not offer coverage to Singh. On October 26, 2016, Satnam Singh was injured while working as an...Read More

Sheaf Happens: Spectator Loses Due To Assumption Of Risk At Sheaf Tossing Competition (NY)

The sheaf toss is a traditional Scottish agricultural sport event originally contested at country fairs. A pitchfork is used to hurl a burlap bag stuffed with straw over a horizontal bar above the competitor’s head. Three chances are given to each competitor to cleanly go over the bar, without touching it. After all challengers have made their attempts, the bar is raised and all...Read More

Lehigh County Judge Slams Insurer for Failure to Pay in Insurance Dispute (PA)

The Pennsylvania Court of Common Pleas in Lehigh County ordered an insurer to pay $900,000.00 in punitive damages for denying its insured’s claim in bad faith.  In David Unterberg and Heidi Unterberg v. Mercury Insurance Company of Florida, the plaintiffs filed a lawsuit alleging breach of contract and bad faith against their insurance company after their vehicle was stolen and damaged. The...Read More

WCM Philadelphia Partner Appointed to Vice-Chair of DRI Subcommittee

WCM is pleased to announce Partner Colleen Hayes was recently appointed Vice-Chair for the Women In The Law Committee for the DRI’s Young Lawyers Steering Committee. The selection process draws from a national pool of applicants from all practice areas within the defense bar. Colleen has previously served on the DRI’s Young Lawyers Steering Committee as Chair and Vice-Chair for the Social...Read More

Principal Not Liable for Wrongful Conduct of an Independent Contractor (NJ)

In Krough v. Calpine, the United Stated District Court for the District of New Jersey analyzed whether a principal/contractee is responsible for the wrongful conduct of an independent contractor. While granting summary judgment against the Plaintiff, the Court reiterated the 3 requirements available to find a Principal liable. Calpine Corporation (“Calpine”) owned a powerplant in New Jersey...Read More

WCM Opens London, England Office

Wade Clark Mulcahy, LLP is pleased to announce the opening of its London, England office located at: Wade Clark Mulcahy, LLP 6 London Street London, EC3R 7LP England 442081592544 Nestled in the heart of the City across from Fenchurch Street Station, WCM’s London office will allow WCM to better serve its Lloyd’s and London market clients. To staff the office, WCM is further pleased to announce...Read More

WCM Successfully Opposes Defendant’s Motions to Dismiss and Remand (PA)

In Harleysville Worcester Insurance Company v. Pediatric Associates of Westmoreland Ltd, WCM Partners Robert Cosgrove and Colleen Hayes successfully defeated defendant Pediatric Assoc. of Westmoreland, Ltd.’s (“PAW”) Motion to Dismiss or, in the Alternative, Remand to State Court.  By way of brief background, plaintiff Harleysville Worcester Ins. Co. filed a declaratory judgment action...Read More