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 0
NJ Appellate Division Upholds Summary Judgment for Property Owner (NJ)
The case of Rienzi v. Giacoman arose out of a trip and fall in front of Mr. Giacoman’s three-family building. Giacoman lived on the first floor of the building with his brothers and leased the other two apartments to tenants. He paid a monthly mortgage in addition to utilities and testified that the rent he collected barely covered his monthly expenses. The trial court granted Giacoman’s...Read More 0
The EDPA Grants Summary Judgment In Products Liability Case In Favor Of Entity That Only Prepared Product’s Specifications (PA)
In Zielinski v. Mega Manufacturing Inc, the court granted summary judgment to the manufacturers of two pieces of equipment used in the processing of sheet metal, where one defendant prepared specifications to construct the allegedly-defect product, but did not actually manufacture or supply it. By way of background, Robert Zielinski was employed as a machine operator at a U-Haul manufacturing...Read More 0
New Jersey Expands Standing for Unit Owner Claims in Condominium Association Litigation (NJ)
The New Jersey Appellate Court, in a published decision on October 2, 2020, expanded the scope of claims an Association may bring with respect to construction defect and consequential damage claims. In that case, the Association sued on behalf of the unit owners, asserting claims of defective workmanship in the construction of the common elements that caused consequential damages. Among the...Read More 0
WCM Philadelphia Partner Appointed to Vice-Chair of DRI Subcommittee
WCM is pleased to announce Partner Colleen Hayes was recently appointed Vice-Chair for the Women In The Law Committee for the DRI’s Young Lawyers Steering Committee. The selection process draws from a national pool of applicants from all practice areas within the defense bar. Colleen has previously served on the DRI’s Young Lawyers Steering Committee as Chair and Vice-Chair for the Social...Read More 0
by Tom BrackenOctober 23, 2020 Workers Compensation, Insurance, Litigation, Negligence, New Jersey0 comments
Intentional Wrong Exception to the Workers’ Compensation Bar Not Available to Third-Party Tortfeasors (NJ)
The Appellate Division of the Superior Court of New Jersey recently held that the “intentional wrong” exception to the workers’ compensation bar was not available to a third-party tortfeasor and remained limited only to the injured employee as an election of remedies. Although an unpublished opinion, the court’s decision is important because it further limits the claims that can be brought...Read More 0
When is a House your Home? This Answer Will Cost Insurers in Pennsylvania
In Erie Ins. Exch. v. Montesano, the Montgomery County Court of Common Pleas heard an issue of first impression in deciding who was covered under “physically living” with another “on a regular basis” language in an auto insurance policy. Christiana Montesano was a 19-year-old girl who lived in her father’s Boyertown, Pennsylvania home. Her father and mother divorced when she was young and...Read More 0
Principal Not Liable for Wrongful Conduct of an Independent Contractor (NJ)
In Krough v. Calpine, the United Stated District Court for the District of New Jersey analyzed whether a principal/contractee is responsible for the wrongful conduct of an independent contractor. While granting summary judgment against the Plaintiff, the Court reiterated the 3 requirements available to find a Principal liable. Calpine Corporation (“Calpine”) owned a powerplant in New Jersey...Read More 0