Of Interest

To Avoid Further Litigation On “Settled” Matters, It Is Essential That A Settlement Agreement Does Not Leave Loose Ends

Settlement agreements typically signify the end of a legal dispute. However, to avoid a headache and potential for further litigation on “settled” matters, it is essential that the settlement agreement does not leave any loose ends. In Cincinnati Insurance Company v. Acadia Insurance Company, 2021 WL 6071718 (4th Dep’t 2021), a woman fell on property owned by 60 LBC, insured by Plaintiff...Read More

PA Court Holds COVID-19 Excluded From “Property Damage” Coverage Under All-Risk Property Insurance Policy

In a recent case from the Eastern District of PA, Maggios Famous Pizza, Inc. v. Selective Ins. Co. of the Sw., the court granted the defendant’s summary judgment against the plaintiff who sought coverage under an all-risk property policy. Finding that COVID-19 related loss of business did not qualify as actual damage to the property required by the policy.  The plaintiff in the case owned a...Read More

Third Circuit Finds Broad Duty To Defend In Trademark Suit (PA)

In Vitamin Energy, LLC v. Evanston Insurance Company, the United States Court of Appeals for The Third Circuit held the defendant insurer had a duty to defend its insured from a trademark suit. It broadly interpreted Pennsylvania law in favor of insureds. The case stemmed from an underlying lawsuit filed by 5-hour Energy against Vitamin Energy for trademark infringement, among other claims. In...Read More

Denial Of Summary Judgment Reversed In Trip & Fall Due To “Insignificant” Discrepancy In Height Defect (NY)

In Dingman v. Linchris Hotel Corp., NY Slip Op 00168 (2d Dept. 2022), a plaintiff sustained injury in a trip and fall in a hotel lobby undergoing construction where the lobby floor was being re-tiled. Some parts had new tile, while others had no tile at all, exposing the cement floor. Plaintiff tripped on the difference in elevation from the new tiles and the lobby floor, which the hotel...Read More

Call Your Next Witness – Former BXDA Joshua Kirshner

Joshua Kirshner is a former colleague of mine from the Bronx County District Attorney Office who has been a federal law clerk in the Southern District of New York and for the past 10 years, has been a successful criminal defense in New York.   And coincidentally, just as Josh and I are former Bronx D.A. colleagues, our mentors — Ben Brafman and Dennis Wade — were former colleagues...Read More

Clarity on Role of Non-Treating Provider in Worker’s Compensation Matter (PA)

On December 22, 2021 in the case captioned Keystone Rx LLC v. Bureau of Workers’ Compensation, the Pennsylvania Supreme Court ruled that non-treating providers, such as pharmacies and imaging centers, may not have a role in the process of non-utilization review. This case arose when Claimant Thomas Shaw, an employee of the Roman Catholic Archdiocese of Philadelphia, was injured and...Read More

New NY Insurance Disclosure Obligations Effective December 31, 2021 (NY)

On December 31, 2021, New York State Governor signed into law a new act implementing much more rigorous insurance disclosure obligations than previously existed. While defendants in New York have always been required to disclose applicable insurance policies and coverage limits, defense attorneys had some flexibility as to the timing of such disclosures. Unless plaintiffs attorneys pressed the...Read More

Art Gallery’s Covid-Related Losses Are Not Covered By Insurance Policy

In 10012 Holdings, Inc., d/b/a Guy Hepner v. Sentinel Insurance Company, LTD., the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision to dismiss plaintiff’s claim for failure to state a proper basis for relief. Guy Hepner, a New York City-based fine arts gallery displaying the works of Andy Warhol, Pablo Picasso, and many others, filed suit against its...Read More

Hot Yoga Gone Wrong: Gym Saved by Exculpatory Clause in Member Usage Agreement

When it comes to slip and falls, one doesn’t usually think of a hot yoga studio in a luxury gym as a site rife with hazardous conditions. However, in New Jersey, the Appellate Division had to examine a summary judgment decision in a case where plaintiff allegedly slipped and fell on sweat on the floor of a hot yoga studio in Florham Park. Skarbnik v. Life Time Fitness, Inc., 2021 WL 3923270...Read More

Timing is Everything!

In Synergy Contracting v. Fednat Insurance, Case Number 2D21-144 (Fla. 2d DCA December 10, 2021) the insured’s home suffered a covered loss. The insured contracted for repairs with, and assigned its policy benefits to, Synergy Contracting. A dispute arose, and Synergy sued Fednat for breach of contract. Fednat invoked the policy’s appraisal clause, timely paid the $3,795.62 appraisal award and...Read More