Coverage

New York (Insurance Coverage) State of Mind (NY)

In City of New York v. Fleet General Insurance Group Inc., the Eastern District of New York addressed the causal link required to trigger an insurer’s duty to defend an additional insured. This case arises out of a state-court lawsuit, filed against the City of New York, for millions of dollars in property damage, that allegedly occurred when a section of Northern Boulevard in Queens collapsed...Read More

Call Your Next Witness – Aisling Jumper of Trans Re

Aisling Jumper had a “typical” introduction into the insurance world — by working at a call center in County Galway, Ireland, speaking Spanish to international travelers on holiday.   You know — “typical.” Aisling ended up going to law school, and has been involved in the insurance world ever since, whether at a law firm, with a third-party administrator,...Read More

Pennsylvania Court Further Dilutes the Legal Landscape on Business Insurance Coverage During Covid-19

In MacMiles LLC v. Erie Insurance Exchange, the Allegheny Court of Common Pleas granted partial summary judgment in favor of plaintiff, a Pittsburgh tavern, holding it suffered “physical loss” because of the COVID-19 pandemic, and therefore entitled to reimbursement by its insurer. Erie issued MacMiles (d/b/a Grant Street Tavern) an insurance policy providing coverage for any direct “physical...Read More

Fraudulent Wire Transfer Not Covered Under Pennsylvania Commercial Policy (PA)

The U.S. District Court in the Eastern District of Pennsylvania recently ruled that an insurance policy only covered a company for fraud based on checks, promissory notes or similar “negotiable instruments”.  In Ryeco, LLC v. Selective Insurance Company, fraudulent wire transfer authorizations were not covered by an organization’s insurance policy. The underlying incident occurred when a...Read More

This and That–and a Significant WCM Appellate Victory for Jeweler’s Block and Fine Art Insurers Everywhere

As background to this important win in Crown Jewels Estate Jewelry, Inc. d/b/a Stephen Russell v. The Underwriters at Interest at Lloyd’s London  (a claim in which Crown sought indemnity for over $2 Million in stolen jewelry), I remind our readers of the wise admonition of the late Supreme Court Justice Scalia:  Never present to an Appellate Court the question to be decided as an actual...Read More

Homeowner’s Policy Fails to Cover Crowded Concert Assault (PA)

The Superior Court of Pennsylvania recently ruled that “industry standards” evidence may be barred in matters dealing with strict liability.  In Sullivan v Werner Company, the appellate court finally provided guidance related to the Pennsylvania Supreme Court’s previous decision in Tincher v. Omega Flex as it relate to industry and governmental standards evidence. The underlying incident...Read More

Philadelphia Court Allows COVID Insurance Cases To Move Forward (PA)

A Philadelphia insurer has asked a Philadelphia County judge to stay several cases it is facing from preschool franchisees, which claim they were improperly denied coverage for pandemic-related losses suffered after being forced to shut down. The insurer, pointing to a pending appeal in the Superior Court, argued that the holding would “likely be substantially controlling with respect to...Read More

Something Borrowed (PA)

Continental Cas. Co. v. Pennsylvania Nat. Mut. Cas, involved a dispute between two (2) insurance carriers arising out of a motor vehicle accident and its subsequent settlement. Specifically, Continental Cas. Co. (Continental) commenced suit against Pennsylvania Nat. Mut. (Penn National) seeking reimbursement from Penn National, under an equitable contribution theory, for settlement sums paid...Read More

EDPA Upholds An Insurer’s Choice of (Maritime) Law Clause (PA)

After the recent kerfuffle in the Suez Canal, it seems as though ships running ashore and maritime law are becoming common topics of conversation. Most recently, the Eastern District of Pennsylvania addressed the impact of an insurer’s choice of law provision in an insurance contract in connection with an insured seeking coverage for damages following its ship running aground. Great Lakes...Read More

Motion to Change Venue Denied Despite Being Unopposed (NY)

In Francoise Mervil v. Eric Johnson and Marcia St. Urbain, Judge Francois A. Rivera denied Defendants’ unopposed motion to transfer venue because the only evidence in support of the Defendants’ motion constructed of inadmissible hearsay. Plaintiff, Francoise Mervil (“Mervil”) commenced a personal injury action against the Defendants in Kings County Supreme Court, alleging Urbain was negligent...Read More