News & Of Interest

Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses

In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More

Manufacturer’s Substantial Business Supports Finding of Specific Jurisdiction

On March 25, 2021, the U.S. Supreme Court issued its decisions in Ford Motor Co. v. Montana Eight Judicial District Court et al., and Ford Motor Co. v. Bandemer. By way of brief background, in both cases, the states exercised jurisdiction over Ford in products-liability actions stemming from auto accidents. In both cases, the Ford involved in the accident was brought to the state via the...Read More

Kings County Suit Dismissed During Jury Selection Due to Mask Protocols (NY)

Just yesterday in Kings County Supreme Court, a plaintiff’s attorney expressed an inability to proceed with jury selection, while masked, due to inability to breathe.  Counsel asked for an adjournment of trial until June.   Not only did the Court deny the request, but dismissed the lawsuit outright due to counsel’s inability to proceed.   The transcript of the argument which lead...Read More

No Joy In Mudville: Plaintiff’s Case Strikes Out (NY)

In Chiaramonte v. Town of Smithtown, plaintiff was playing in a charity softball tournament sponsored by the defendants when she slipped on a muddy surface of one of the fields running from second to third base, allegedly injuring herself. The plaintiff subsequently commenced the instant action to recover damages for personal injuries against the defendants, alleging that they were negligent...Read More

It’s Time For Investors To Pay Up (NY)

When a new condominium building in New York City is found to have construction defects, who pays? In 2013, New York courts ruled that condominium boards could only seek compensation from investors if the board could prove a fiduciary relationship existed between the board and the investors. This ruling made it almost impossible for boards to recoup compensation for construction defects because...Read More

Staircase Not Defective Using Ancient Codes (NY)

In Jackson v. Bethel A.M.E, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after the plaintiff allegedly fell while descending an exterior staircase owned by defendants Bethel A.M.E and African American Methodist Episcopal Church (“Bethel Defendants”). Bethel defendants retained co-defendant...Read More

No Coverage For Vehicle Driven By Employee But Not Possessed By Employee (PA)

The Eastern District of Pennsylvania recently determined that an insurance company had no duty to contribute to a settlement over a car accident involving its insured’s employee while the employee was driving a noncompany vehicle.  In Continental Casualty Company v. Pennsylvania National Mutual Casualty Insurance Company, the court determined that there was no coverage as the employee did not...Read More

Philadelphia Partners Win Summary Judgement in the EDPA In Construction Defect Coverage Case (PA)

In Estate Chimney & Fireplace, LLC v. Burlington Insurance Company, Philadelphia Partners, Robert J. Cosgrove and Colleen E. Hayes were awarded summary judgement. By way of background, the Insured had commenced a declaratory judgment action, in the EDPA, seeking defense and indemnification from The Burlington Ins. Co. for underlying lawsuits stemming from its allegedly defective work in...Read More