Premises Liability

Insurer Not Obligated to Defend or Indemnify Insured for Breach of Contract Claims (PA)

In Atain Insurance Co. v. Xcapes et al., the United States District Court for the Eastern District of Pennsylvania analyzed whether Atain Insurance Company (“Atain”) was obligated to, inter alia, defend and indemnify its insured, Xcapes, a home improvement contractor, with respect to state lawsuits filed against Xcapes asserting breach of contract, unjust enrichment/quasi contract, violations...Read More

No Mall Respondeat Superior (NY)

The distinctions between independent contractors and employees can determine liability in many circumstances. Here, we have an appellate decision that found that defendants were not liable for any of plaintiff’s injuries on that distinction. In Athenas v. Simon Prop. Group, LP, plaintiff slipped and fell on floor cleaner in the interior common area of a Long Island mall, in front of a Cohen’s...Read More

Nanty-Glo Rule Saves Pocono Pet Store (PA)

In Lori Monti v. Pet Supplies Plus LLC, et al. plaintiff Lori Monti (“Monti”) tripped and fell outside of a pet store on an alleged sidewalk defect. Monti claimed that there was a dip in the sidewalk, which was surrounded by loose pieces of gravel.  She alleged her walker became entrapped in the dip, which caused her to fall and sustain serious bodily injuries. Monti filed suit against Pet...Read More

Painful Verdict for Pain and Suffering (NY)

The Bronx has a reputation for plaintiff-friendly verdicts, and the case of Cabrera v Port Auth. of N.Y. N.J. (2020 NY Slip Op 03993) did not disappoint. Plaintiff, an employee at a Dunkin Donuts franchise at LaGuardia Airport, was involved in an accident with a salt spreading truck in the parking lot during a snowfall. After a jury trial, she was awarded future damages for only a period of...Read More

Plaintiff Cries Foul Over Wet Basketball Court (NY)

In Asprou v. Hellenic Orthodox Community of Astoria, the plaintiff was injured when he slipped and fell on water leaking from the roof of the defendants’ gymnasium while playing basketball at the defendants’ school. The school moved for summary judgment seeking to dismiss the complaint by arguing that the school did not create the dangerous condition or have actual or constructive...Read More

Covid Cases Looming? Maybe Not. Some States Are Giving Companies The Antibodies To Fight Covid-19 Lawsuits

On Friday, June 19, 2020, Senate Majority Leader Mitch McConnell, stated a potential second COVID-19 “rescue” package could be in the works. McConnell said he wants to prioritize investing in” future generations” in this legislative package. If passed, this would be the second piece of legislation by Congress to aid families and businesses impacted by the COVID-19 coronavirus pandemic. On...Read More

Out of Possession Landowners are Out of Luck

Last year in Xiang Fu He v. Troon Mgt. Inc., the Court of Appeals held that out-of-possession landlords are no longer able to contract away liability based on New York City Administrative Code §7-210. This has led to many previously sound summary judgment decisions being reversed on appeal. In Herrera v. Vargas, the Bronx County Supreme Court granted defendant summary judgment in 2017 based on...Read More

New Atmosphere for Ongoing-Storm Rule (NJ)

Recently, in Pareja v. Princeton International Properties, the New Jersey Appellate Court analyzed whether the ongoing-storm rule applies in New Jersey. One winter day at 7:50 a.m., the plaintiff, Angel Alberto Pareja (“Parejca”), was walking from his car to the defendant, Princeton International Properties’ (“Princeton”) property (“Property”) when he slipped and fell on black ice after...Read More

Is There a New Requirement for Reservation of Rights Letters in Pennsylvania?

A recent case from the Pennsylvania Superior Court reiterates the impact of poorly crafted reservation of rights letters on future coverage defenses. In Selective Way Insurance Company v. MAK Services, Inc. et. al., 2020 PA Super 103 (Pa. Super. Ct. Apr. 24, 2020), the insurer sought a declaration that it owed no duty to defend or indemnify its insured, MAK Services, in an underlying case...Read More

Initial Victory Proves Costly in Still Ongoing Superstorm Sandy Coverage Dispute (NY)

As we endure the current crisis, New York courts are still adjudicating insurance disputes arising out of Superstorm Sandy, which is now almost eight years old.  Specifically, in Ain v. Allstate Ins. Co, homeowners and their insurer have been litigating whether or not damage to the insured’s residence is covered under their homeowners’ policy, or whether the damage is excluded because the...Read More