News & Of Interest

Additional Insured Language On A Certificate Of Insurance Held Insufficient To Alter Policy Language & Create A Defense And Indemnification Obligation

In Chipotle Mexican Grill, Inc. v. RLI Ins., 2021 N.Y. Slip Op 06604 (2d Dep’t, November 24, 2021), the New York Appellate Division, Second Department, recently addressed the issue of whether additional insured language in a Certificate of Insurance created a coverage obligation on the part of an insurer. In that case, Chipotle hired Piece Management, Inc. (“PMI”) to perform rodent prevention...Read More

Can A New York Property Owner Be Liable For A Plaintiff’s Unforeseen Conduct?

In Morales v. Mid Bronx Senior Citizens Council, Inc., a New York trial court recently addressed whether commercial property owners were liable for an accident caused by a plaintiff’s unforeseen conduct. Plaintiff in that case alleged that after the conclusion of his employment training at a senior citizen’s home, he attempted to leave the property, but the gate was locked. He then attempted...Read More

Federal Court Finds That Concealing Artwork Does Not Infringe On Artists’ Rights

In 1993, artist Samuel Kerson painted two murals in the halls of Vermont Law School. The murals, titled “The Underground railroad, Vermont and the Fugitive Slave,” were intended to depict “the evils of slavery and the actions of abolitionists and activists in Vermont who aided slaves seeking freedom from the Underground Railroad.” Nevertheless, the law school received numerous complaints that...Read More

Speculative Evidence Is Not Sufficient In A New York Slip And Fall Case (NY)

To prevail on a summary judgment motion in a slip and fall action, a defendant has the initial burden of showing that it (a) did not create the hazardous condition and (b) did not have actual or constructive notice of its existence. In order to prove lack of constructive notice, a defendant must proffer evidence as to when the site was last cleaned or inspected prior to the accident....Read More

Pennsylvania Federal Court Continues Trend Of Finding No Coverage For Covid-19 Business Interruption Losses

As we have reported, policyholders have largely been unsuccessful in convincing Federal courts to declare that coverage exists for business interruption claims as a result of the COVID-19 pandemic. The United States District Court for the Eastern District of Pennsylvania continued this trend in its recent decision in Delaware Valley Management, LLC, et al. v. Continental Casualty Company. The...Read More

Tossing Up Bricks: Former NY Knicks Star Loses Assault Claims (NY)

On remand, in Charles Oakley v. MSG Networks, et al., the United States District Court of the Southern District of New York granted defendants NY Knicks owner James Dolan and Madison Square Garden Co.’s motion to dismiss Charles Oakley’s claims of assault and battery. On February 8, 2017, Oakley was escorted out of his seat by MSG security guards and arrested while attending a Knicks game due...Read More

Proof of Planted Tree Alone Does Not Create a Dangerous Condition (NJ)

It is long established precedent in New Jersey that residential landowners do not owe a duty to maintain their sidewalks for the safety of pedestrians, but commercial landowners and commercial tenants usually are bestowed a duty to maintain sidewalks for the benefit of the public.  Still, a residential landowner can be liable for a sidewalk defect if the residential owner creates or...Read More

Automobile Regular Use Exclusion Hits the Red Light of the Motor Vehicle Financial Responsibility Law (PA)

On October 22, 2021, in Rush v. Erie Insurance Exchange, 2021 Pa.Super 215 (2021), the Pennsylvania Superior Court held that an Erie Insurance Exchange (“Erie”) regular use exclusion was unenforceable because it modified the clear and unambiguous requirements of Pennsylvania’s Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §§ 1701-99.7 (“MVFRL”), by functionally precluding insureds...Read More