News & Of Interest

Liability Against Owner Requires Special Use (NY)

In Pollard-Leitch v. R & D., the Appellate Division, Second Department addressed whether the defendants – R & D Utica Realty, Inc. were the owners of the property abutting the sidewalk where the plaintiff tripped and fell. The Supreme Court denied the defendant’s motion for summary judgment to dismiss the complaint and all cross claims asserted against it which was reversed by the...Read More

You Snooze, You Lose: Late Notice Means No Coverage in Dolphins Stadium Construction Dispute (NY)

In Berkley Assurance Company v. Hunt Construction Group Inc, a Manhattan federal judge for the Southern District of New York addressed a high-profile dispute about the duty to defend or indemnify a construction firm in litigation over renovations of the Miami Dolphins’ stadium.  The court ruled that the insurer rightly denied coverage to the insured construction company, Hunt...Read More

“Non-Payment” for an Oil Delivery is Not a “Theft,” and Thus Not Covered Under “All Risks” Policy (NY)

A New York court recently ruled, in Carlyle v. Underwriters, that a $400 million loss of crude oil was not covered under an “all risks” insurance policy, as the loss resulted from non-payment of the insured’s business partner, and not a “theft.” In 2015, plaintiffs Carlyle Commodity Management LLC (“Carlyle”) entered into a Master Commodity Transaction Agreement with now-defunct Moroccan...Read More

Our Remote Summer Associate Experience at WCM During COVID-19 

(The following post is a collaboration from our 6 Summer Associates for 2020, who, suffice it to say, received a very different WCM experience than we were all planning.   They all did a great job, and hopefully, learned a lot in this unique, remote environment.   Best of luck to Gina, Drew, Alex, Jessica, Daniel & Rebecca in their 3L year and beyond). When we accepted our offers to spend...Read More

EDPA Holds Plaintiff’s Conclusory Allegations of Insurer Bad Faith Insufficient (PA)

In Harris v. Allstate, the plaintiff brought an action against her insurer, alleging the insurer breached the terms of the policy and engaged in bad faith conduct. By way of brief background, it was alleged that Allstate issued a policy to plaintiff. It was further alleged that a covered “peril” occurred, which caused “direct physical damage” to the plaintiff’s property. Plaintiff alleged that...Read More

NY Court Of Appeals Hints That “But Everyone Was Doing It” May Rebut Labor Law Defense of Sole Proximate Cause (NY)

In Biaca-Neto v. Boston Rd II Hous Dev Fund Corp.,the New York Court of Appeals’ recent ruling offers some insight into how courts will rule regarding sole proximate cause defenses in New York Labor Law cases. Under section 240(1) of the New York Labor Law, construction workers who are injured at job sites can recover if the injury is the direct consequence of a failure to provide adequate...Read More

Report Indicates Nearly 300 Federal Lawsuits Have Been Filed As A Result Of The Coronavirus Pandemic

Nearly 300 federal lawsuits have been filed in the months of March and April 2020, which stem from the COVID-19 pandemic, a number that is likely to continue to expand. Lex Machina found 395 new lawsuits using COVID-19 related terms over the two-month period. Among those suits, 287 stemmed from the COVID-19 crisis, the company reported. Contracts, insurance and employment were the practice...Read More

Pennsylvania Appellate Court Requires New Stacking Waiver After Removal of a Vehicle From Policy (PA)

The Pennsylvania appellate court, in Franks v. State Farm, recently held that insurers must obtain a new stacking waiver after the insured removes a vehicle under the policy. The factual pattern in the instant matter was a matter of first impression for Pennsylvania Courts. Specifically, although it is clear that an addition of a vehicle to an existing multi-vehicle policy requires a new...Read More