Wade Clark Mulcahy LLP

Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence”

It Wasn’t the Pig’s Fault

Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony

Recent New York Decision Highlight the Importance of Documenting Condition of Property During Utility Work

FLORIDA’S NEW YEARS RESOLUTION: Complying With Amendments To Rules of Civil Procedure Promoting Active Case Management

Jury Sides With The Mouse Against Disney Adults In VIP Club Lawsuit

Literally Blinded to a Latent Danger

Recovery Under Labor Law 240(1) Requires Establishing Proximate Cause of Injury

WARNING: Possible Spoliation Ahead

Unlocking Coverage: The Key Role of Occupancy Determination

Labor Law § 240(1): Tighter Rules, Less Wiggle Room for Defendants

Appellate Division Holds Plaintiffs Need No Contemporaneous Quantitative Measurements to Defeat Defendant’s Claim of No “Serious Injury” Under Insurance Law

It Came Out of Nowhere! The Doctrine of Sudden Emergency

Bad Faith Claim Stands Where Insurer Allegedly Ignored Evidence

When is a Defect Considered “Trivial”?

Give Me Shelter

Duty of Care as to Open and Obvious Dangers is not always Open and Obvious

SDNY Holds Coverage for Insured’s “Work” Does Not Include Design, Sale, and Manufacture of Asbestos-Containing Products

Storm in Progress Defense Rejected Where Weather Records Are Not Certified

New York Appellate Court Reminds the Bar that Unexcused Law Office Failures Are Not Enough to Vacate a Default

Appellate Court Rejects Defendant’s Proximate Cause Defense in Labor Law Lawsuit

Competent Medical Evidence Required to Establish a “No Serious Injury” Defense Under New York Insurance Law § 5102(d)

Plaintiff Did Not Use Their Lanyard on a Scaffold…It’s The Defendants’ Fault Anyway

Appellate Division Discusses Jury Instructions on increased Susceptibility and Failure to Mitigate Damages

Even Drunk Driving Cannot Break the Causation Chain of a Highway Defect