Coverage

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

COVID-19 Business Interruption Insurance Coverage is Far from Settled in Pennsylvania

Needless to say, COVID-19 business interruption coverage has been a hot topic for insurers and policyholders alike. This past week, the Allegheny County Court of Common Pleas granted summary judgement in favor of policyholder plaintiffs and denied the defendant insurers’ motion for summary judgement in a class action lawsuit seeking coverage in Timothy Ungarean v. CNA et al. (further analysis...Read More

Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses

In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More

No Coverage For Vehicle Driven By Employee But Not Possessed By Employee (PA)

The Eastern District of Pennsylvania recently determined that an insurance company had no duty to contribute to a settlement over a car accident involving its insured’s employee while the employee was driving a noncompany vehicle.  In Continental Casualty Company v. Pennsylvania National Mutual Casualty Insurance Company, the court determined that there was no coverage as the employee did not...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

No Vacancy: Structures on Property Can Disqualify Coverage (PA)

In a recent Western District of Pennsylvania case, Morton v. Gardner, the court addressed what constituted vacant land under the insurance policy at issue. By way of background, after a dead tree on the defendant’s property fell onto the plaintiff’s vehicle, an issue arose as to whether the defendant’s insurer was required to pay for the damage. At the time of the incident, the property was...Read More

Homeowners Policy Fails to Cover Crowded Concert Assault (PA)

The United States District Court for the Western District of Pennsylvania recently determined that an insurer did not owe defense or indemnification to a homeowner who allegedly punched another person while attending a concert.  In State Farm Fire and Casualty Company v Simone, the insurance company filed a declaratory judgment action against its insured and moved for judgment on the...Read More

Include It or Lose It: Insurance Policies v. Reservation of Rights and the Recovery of Defense Costs (NY)

Insurance policies act as binding contracts setting the scope of coverage and exclusions as the insurer sees fit, pursuant to the laws of the state. A recent court decision in New York has established that insurance policies must be confined to the four corners of its content. The recent Second Department decision in American W. Home Ins. Co. v Gjonaj Realty & Mgt. Co. held that upon...Read More

Wait Too Long, and Exclusions May Disappear (NY)

In the recently decided case of City of New York v. Philadelphia Indemnity Insurance Company, the Southern District of New York held that dragging your feet on correcting errors, in a disclaimer, could bar insurers from relying on exclusions as a bar to coverage. In brief, the City sought coverage from its insurer, Philadelphia Indemnity, for an underlying case regarding general welfare and...Read More

NJ Court Finds That Endorsement Limiting Scope of “Coverage Territory” Governs

The interplay between various endorsements in a policy is not always clear. This is especially the case where multiple endorsements state they are “replacing” the same provisions. A New Jersey federal judge rejected an attempt by an insured to expand coverage beyond the scope of the policy’s plain terms. In so doing, the court reaffirmed that a policy endorsement’s restriction of coverage to a...Read More