Property

Court Holds that Coverage Disputes Preclude Appraisal in Long-Running Lawsuit for Superstorm Sandy Damages (NY)

In a coverage dispute relating to property damage and lost income sustained by chocolatier Madelaine Chocolate Novelties after Superstorm Sandy, Magistrate Judge Steven Gold of the Eastern District of New York recently rejected Great Northern Insurance Company’s effort to force appraisal of the claim. In 2018, the Second Circuit overturned a 2017 Eastern District of New York decision which...Read More

Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)

In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor,...Read More

Eastern District of Pennsylvania Acknowledges Kvaerner is Still Good Law (PA)

The Eastern District of Pennsylvania in a declaratory judgment action, In re Shelter Structures, Inc., recently reaffirmed that Pennsylvania law typically does not provide coverage under a CGL policy for faulty workmanship. The underlying facts alleged that Shelter violated various building codes in the design and construction of an aircraft hangar. The aircraft hangar collapsed, destroying an...Read More

Pennsylvania Supreme Court Interprets Replacement Cost Coverage to Allow Deductions for GCOP Unless Insured Actually Repairs (PA)

The Pennsylvania Supreme court in Kurach v. Truck Insurance Exchange recently held that insurers are entitled to deduct General Contractor’s Overhead & Profit (GCOP) in a policy that provided Replacement Cost Coverage “unless and until the insureds undertook repairs of the damaged property, even though the services of a general contractor were reasonably likely to be needed to complete the...Read More

General Contractor Overhead and Profit Deducted in Actual Cash Value Settlements (PA)

Earlier this week, on August 24, 2020, the Supreme Court of Pennsylvania issued its decision in the consolidated appeals of Kurach v. Truck Insurance Exchange and Wintersteen v. Truck Insurance Exchange.  By way of brief background, in both cases, after the plaintiffs experienced water damage to their homes, they filed claims with Truck Insurance Exchange (“Truck”).  Both plaintiffs opted for...Read More

Liability Against Owner Requires Special Use (NY)

In Pollard-Leitch v. R & D., the Appellate Division, Second Department addressed whether the defendants – R & D Utica Realty, Inc. were the owners of the property abutting the sidewalk where the plaintiff tripped and fell. The Supreme Court denied the defendant’s motion for summary judgment to dismiss the complaint and all cross claims asserted against it which was reversed by the...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

To Cover Or Not To Cover – That Is The Question (NY)

Many insurers are now receiving claims for damaged or lost property due to the protests in major cities across the United States, and are probably wondering whether their policy covers such loss or damage during this period of unrest. In short, it’s tricky. Of course, the answer depends on the language of the specific policy and the circumstances concerning the claimed loss or damage. But...Read More

A “Legal Obligation” to Pay Requires a Legal Action Against You (NJ)

The New Jersey Appellate Division, in the context of an insurance coverage dispute, recently held that where the insured sought reimbursement for payments made to its landlord for damage to property, coverage was not triggered because a legal obligation to pay cannot arise absent a legal judgment. In Churchill Corp. Svc, Inc. v. Rockhill Insurance Co., et al., the Appellate Division recently...Read More