Chip George Joins WCM’s Florida Office
WCM is pleased to announce that Chip George has joined WCM’s Miami, Florida Office. Chip has been a friend of WCM’s for years and we are beyond excited that the timing has finally worked out for us to formally work together. WCM’s Florida office focuses on coverage and coverage litigation. The office stands ready to assist in everything insurance law from cargo, jeweler’s block/specie to...Read More 0
UIM Coverage and Avoidance of Forum Selection Requirements? Court Holds That’s Too Much to Ask For Following an Invalid Waiver (PA)
In Matthews v. Erie Insurance Group, the plaintiff’s action arose following a motor vehicle accident. The plaintiff appealed from the trial court order sustaining Erie Insurance Group (“Erie”)’s preliminary objections to venue and transferring the case from Philadelphia County to Bucks County. The Superior Court affirmed the trial court’s decision. The Appellant, Matthews, was operating a...Read More 0
Watch Your Feet: Plaintiff Assumed Risk When Kicked In Head By Fellow Dancer (NY)
In Spruck v. Pollack and Academy of Dance Arts, plaintiff was allegedly injured while participating in a dance program run by defendants. During a rehearsal for a dance recital, plaintiff was participating in a choreographed dance when another dancer was spinning with her leg in the air and the other dancer’s foot came into contact with plaintiff’s head. Plaintiff continued with the...Read More 0
Foreign Dumpster Means No Strict Liability (NY)
In Yong Qiao Zhao v. ATC Construction Group Corp., the Second Department held that if a plaintiff construction worker travels to use a public dumpster unaffiliated with the property on which the construction work is happening, then strict liability pursuant to Labor Law 240(1) cannot attach to the unaffiliated property owner. In this action, plaintiff had been hired by defendant A.T.C....Read More 0
Does The Operator Of A Snowplow Need To Operate By The Rules Of The Road? (NY)
In Kaffash v. Village of Great Neck Estates, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after the defendant struck the plaintiff while operating a snowplow. On the date in question, one of the defendants was operating a snowplow owned by his employer (co-defendant). While moving the plow in reverse, the...Read More 0
Settlement Release Deemed Binding (PA)
The Court of Common Pleas of Monroe County recently denied a plaintiff’s attempt to bring legal action against third-parties after previously executing a settlement release. In Slinger v. Sal-Mart, the court found that the unambiguous language of the settlement release barred any potential claims the plaintiff had against third-parties. The incident occurred when the plaintiff, a customer at...Read More 0
Amazon: The Benefits of Brick and Mortar Stores Without Any of the Responsibility (NY)
Who is responsible when you order a defective product from the middleman? Due to the COVID-19 pandemic, the world has seen the importance of online shopping. Websites such as Amazon have thrived during this time while in person shopping remains impossible in certain parts of the globe. But what happens when that item you ordered from Amazon is defective in some way and the buyer sustains...Read More 0
Virus Coverage Doesn’t Always Mean Coronavirus Coverage (PA)
As the ever-changing landscape of COVID-19 insurance litigation gets more and more crowded, courts are becoming even more attentive to the language of the insurance policies at issue. In Ultimate Hearing Solutions II, LLC v. Twin City Fire Insurance Co., the Eastern District of Pennsylvania Court dissected an insurance provision titled “Virus Coverage” and found for the insurer based on a...Read More 0