by Heather AquinoOctober 16, 2020 Indemnification, Auto, Coverage, Insurance, Negligence, Pennsylvania, Uncategorized0 comments
No Coverage for Negligent Supervision Claim (PA)
In Michele Kahana v. Allstate Vehicle and Property Ins. Co., the U.S. District Court for the Eastern District of Pennsylvania analyzed whether an auto insurer had a duty to defend and indemnify a claim of negligence per se arising out of an auto accident. The claim was asserted against Kahana, the mother of the minor decedent who was struck while walking alone after midnight while dressed in...Read More 0
WCM Is Pleased to Announce the Addition of Jim Scott to Its Philadelphia Office.
Wade Clark Mulcahy, LLP is pleased to announce the addition of Jim Scott to its Philadelphia office. A former President of the Philadelphia Association of Defense Counsel and an officer and vice-president of the Pennsylvania Defense Institute, Jim brings to WCM a wealth of experience handling large exposure property damage and personal injury claims in both New Jersey and Pennsylvania. An...Read More 0
Summary Denial of Summary Judgment (NY)
New York Labor Law, colloquially called the Scaffold Law, has been a windfall for plaintiffs. Under §240(1) of the law, owners and general contractors are strictly liable when a worker is injured due to a gravity related risk. The case of Henriquez v. Clarence P. Grant Hous. Dev. Fund Co., Inc. reminds us that there are still limitations and defenses to these expensive claims. In Henriquez,...Read More 0
Moving Party Must Prove that Documents Actually Exist (PA)
In Winn-Dixie Stores, Inc., et al. v. Eastern Mushroom Marketing Cooperative, et al., the United States District Court for the Eastern District of Pennsylvania ruled that the moving party has the burden of proof on a motion to compel. In Winn-Dixie, the plaintiff supermarket claimed that the Eastern Mushroom Cooperative (“EMC”) colluded to raise the price of fresh agarics mushrooms in...Read More 0
Pennsylvania Court Suggests the Trafficker in Lawsuits Is Subject to Contribution and Common Law Indemnity from Hotels (PA)
The Eastern District of Pennsylvania, interpreting Section 1595 (Federal Human Trafficking Statute), which is similar in statutory construction and scienter requirements to the Pennsylvania Human Trafficking Act, suggested this week that the direct person allegedly responsible for the trafficking, i.e., the pimp, would likely be subject to contribution or common law indemnity claims from...Read More 0
WCM Partners Recognized as Super Lawyer and Rising Star
Wade Clark Mulcahy LLP is pleased to announce that two of its Philadelphia-based Partners have been recognized as leaders in their respective areas of practice through their inclusion in the list of 2020 Pennsylvania Super Lawyers. Robert J. Cosgrove, Managing Partner in WCM, was recognized as a 2020 Pennsylvania Super Lawyer. Bob handles, inter alia, the defense of construction, products...Read More 0
Trial By Zoom
Now that much of the world has adjusted to social distancing guidelines,and shifted to operating through video conferencing platforms such as Zoom, the elephant in the legal room is how to safely conduct a jury trial in this new environment. Typically, the jury process involves hundreds of individuals closely seated in room, waiting to be selected for questioning and, if selected for a jury,...Read More 0
Second Circuit Set to Hear Covid Business Interruption Claim
On Friday, May 18, Social Life Magazine filed a brief notice of interlocutory appeal of a district court judge’s oral decision denying its application for a preliminary injunction compelling its insurer, Sentinel Insurance Company Limited, to cover its lost revenues stemming from the Covid-19 pandemic. As a result, the Second Circuit is set to weigh in on what will likely be the first of many...Read More 0
WCM Partner Bob Cosgrove to Speak at IUA London Event on COVID and Insurance.
WCM Partner Bob Cosgrove is set to speak at the International Underwriting Association of London on May 20 for a seminar entitled COVID 19: It’s Wreaked Havoc on Social Life and the Economy. Is Insurance Its Next Target in the US? For more information about the seminar, see this IUA flyer. The seminar which look at such things as: * Business income claims under a property policy...Read More 0
NY Courts to Begin Adjudicating Non-Essential Matters on 4.13.20
As we delve into our second month of COVID-19 restrictions, social distancing, and closed courts, we have been monitoring court updates throughout NY, NJ and PA. Our April 3, 2020 update is linked here. On April 9, 2020, J. Marks, the Chief Administrative Judge in NY, issued an updated indicating that, effective April 13, 2020, Courts will work remotely to address pending, non-essential...Read More 0