Timing is Everything!
In Synergy Contracting v. Fednat Insurance, Case Number 2D21-144 (Fla. 2d DCA December 10, 2021) the insured’s home suffered a covered loss. The insured contracted for repairs with, and assigned its policy benefits to, Synergy Contracting. A dispute arose, and Synergy sued Fednat for breach of contract. Fednat invoked the policy’s appraisal clause, timely paid the $3,795.62 appraisal award and...Read More
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Volunteer or Employee: Who Is Protected by New York Labor Law? (NY)
To fall under the class of those protected by the New York Labor Law, a plaintiff must establish that he or she was permitted or “suffered” to work on a building or structure and that they were hired by the owner, contractor, or their agent. Volunteers are generally not entitled to Labor Law protection but what is the difference between an employee and volunteer under the statute? In Garcia v....Read More
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New York Federal Court Finds that Business Pursuits and Rental Exclusions Preclude Coverage for Bodily Injury Claims Against a Multi-Family Investment Property Owner (NY)
In MIC General Insurance Corp. v. Cabrera, 20 Civ. 4855, 2021 WL 5909975 (S.D.N.Y. Dec. 10, 2021), the Southern District of New York recently awarded summary judgment to an insurer based upon several exclusions in a policy issued to the owner of an investment property. The owner rented the two-family home to a total of twenty people and his tax returns reflected substantial income and tax...Read More
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When Does the Homeowner’s Exemption Apply in a Labor Law Case? (NY)
In Capuzzi v. Fuller, 2021 NY Slip Op 07335 (3d Dep’t, December 23, 2021), the Third Department recently addressed whether a homeowner was entitled to the homeowner’s exemption in a New York Labor Law lawsuit. Plaintiff in that case alleged that he was hired to perform construction at defendant’s home and sustained injuries in a fall while installing floor joists. Plaintiff sued the homeowner...Read More
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NFT’S and Their Implications On the Fine Art Space (NY)
On March 11, 2021, Christie’s auction house sold a nonfungible token (“NFT”) by the digital artist Beeple for $69 Million. Prior to this sale, the most Beeple had ever sold his work for was approximately $100. In simple terms, an “NFT” is a unique unit of data stored on a “blockchain,” which is a public database reflecting a history of transactions. An NFT can represent an image, an electronic...Read More
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WCM’s Year in Review – 2021
A year ago, around this time, we wrote a post summarizing our 2020, looking forward to a better year ahead. And…. here we are. Apparently, we jinxed 2021. Sorry about that. Putting WCM aside for the moment, 2021 has not exactly unfolded as hoped or planned. COVID-19 seemed to be on the wane this past Spring. Remember that 3-week period during May/June, when (in the Northeast, at least)...Read More
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by Rachel WadeDecember 23, 2021 Social Host, Dram Shop & Liquor Liability, Litigation, Pennsylvania0 comments
Overserved: Creative Pleading Cannot Overcome Dram Shop Social Host Bar (PA)
On December 17, 2021, the Superior Court of Pennsylvania held in Klar v. Dairy Farmers of America, Inc., et al., 2021 PA. Super. 252 (2021), that an employer without a liquor license who provides alcohol and food at a company event in exchange for an all-inclusive fee, classifies as a social host and could not be bound by the Pennsylvania Dram Shop Act, as an “any other person” under 47 P.S....Read More
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Of New York Choice-of-Law and Forum Selection Clauses: New York Appellate Division Holds That Sophisticated Parties Should Read State Laws (NY)
In North Am. Elite Ins. Co. v. Space Needle, Inc., Case No. 2021-01400, 2021 WL 5702283 (N.Y. App. Div. 1st Dep’t Dec. 2, 2021), a five-judge panel unanimously affirmed an Order of the Supreme Court, New York County, denying North American Elite Insurance Company’s (“Elite”) preliminary injunction against litigating its insurance coverage action in a forum outside of New York––even though both...Read More
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