News & Events

Join WCM on our Brand New Podcast – “Call Your Next Witness”

For purposes of this post, we will assume that our readers are mostly insurance claim professionals, attorneys, underwriters and others involved in the insurance industry.   Now, think back to before you were involved in this industry, whether just out of college or law school, or before you changed careers and started working in insurance.  What were your pre-conceived notions of...Read More

Philadelphia Partners Win Summary Judgement in the EDPA In Construction Defect Coverage Case (PA)

In Estate Chimney & Fireplace, LLC v. Burlington Insurance Company, Philadelphia Partners, Robert J. Cosgrove and Colleen E. Hayes were awarded summary judgement. By way of background, the Insured had commenced a declaratory judgment action, in the EDPA, seeking defense and indemnification from The Burlington Ins. Co. for underlying lawsuits stemming from its allegedly defective work in...Read More

Chip George Joins WCM’s Florida Office

WCM is pleased to announce that Chip George has joined WCM’s Miami, Florida Office.  Chip has been a friend of WCM’s for years and we are beyond excited that the timing has finally worked out for us to formally work together.  WCM’s Florida office focuses on coverage and coverage litigation. The office stands ready to assist in everything insurance law from cargo, jeweler’s block/specie to...Read More

WCM Attorneys Become Published Authors in Counterpoint.

Partner Bob Cosgrove and associate Lauren Berenbaum and Partner Colleen Hayes have written essays in the COUNTERPOINT – December 2020 Issue, the Pennsylvania Defense Institute’s quarterly newsletter. The PDI is the Pennsylvania state affiliate of the Defense Research Institute. Bob and Lauren’s essay is entitled Is Our Biometric Data Protected and explores some of the new...Read More

WCM’s 2020 Year in Review

At this point, more than enough has been written about 2020.   COVID-19 changed the world, and how we all view it.  When we left our physical offices in mid-March – and told everyone we’d see them the Monday after Easter – the prospect of working remotely for a month seemed like an eternity.   Nearly ten months later, and well, here we are. Despite the pandemic, Wade Clark Mulcahy LLP has...Read More

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