Property

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

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

Famed Chicago Restaurant Pushes the Covid-19 Coverage Envelope in New Class Action

A famous Chicago restaurant chain, Billy Goat Tavern, filed a class-action lawsuit against their insurer, Society Insurance, for wrongfully denied business income coverage due to the Coronavirus crisis.  The original Billy Goat tavern became nationally known for inspiring the 1978 Saturday Night Live sketch “Olympia Café”.  While there has already been a flood of Coronavirus related litigation...Read More

Covid-19 Business Interruption Litigation Comes to NY

The nationwide wave of insurance coverage litigation in the wake of the Covid-19 pandemic has made its way to New York.  On April 17, on behalf of a similarly situated class, Gio Pizzeria & Bar Hospitality and Gio Pizzeria Boca filed suit in the Southern District of New York against Certain Underwriters at Lloyd’s London.  The class action was brought on behalf of all insureds who were...Read More

California Insureds File Suit Seeking Coverage For Covid-19 Claims

A prominent California law firm, along with two commercial property owners and a restaurant have sued their insurer in Los Angeles County Superior Court seeking coverage for losses related to the coronavirus pandemic. The four suits, filed on April 9 and April 10, 2020, seek declarations that Travelers Indemnity Co. of Connecticut is obligated to provide coverage under the policyholders’...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

Third Circuit Joins First, Second, Fifth and Eleventh Circuits in Holding an Insured Bears the Burden to Show a Loss is Fortuitous (NJ)

Recently, in Chartis Prop. Cas. Co. v. Inganamort, the United States Court of Appeals for the Third Circuit considered whether Joan and John Inganamort (“Inganamort”) met their burden of proof to establish a “fortuitous” loss under an all-risk insurance policy issued to Ingagamort by Chartis Property Casualty Company (“Chartis”). By way of brief background, in September 2011, Iganamort’s...Read More