News & Of Interest

District of New Jersey Grants Insurer’s Motion to Dismiss, Finding Virus Exclusion Precluded Coverage

In N&S Restaurant LLC v. Cumberland Mutual Fire Insurance Company, the District of New Jersey ruled upon whether coverage under a businessowners policy for Covid-19 closures was precluded by the policy’s virus exclusion. By way of background, Plaintiff N&S Restaurant had a businessowners policy (“Policy”) with Defendant Cumberland Mutual. Due to the Covid-19 pandemic, an Executive...Read More

North Carolina Superior Court First to Hold Covid Closure Equals Physical Loss

As the first wave of litigation over insurance company denials of business interruption coverage to restaurants and other businesses has begun to result in adjudicated decisions, those denials have been upheld, largely based upon a consistent interpretation that a mandated closure is not equivalent to an actual, direct physical loss or damage, as required to trigger coverage. However, in...Read More

Facebook Discovery Leads to Adverse Inference (NY)

In Safer v. Hudson Hotel, the Civil Court of the City of New York addressed whether an adverse inference charge was proper as part of the trial court’s jury charge. The plaintiff alleged that she stepped on a broken glass in the defendant’s hotel bar which caused serious personal injuries to her mind and body. As such, the defendants served plaintiff with a discovery demand for “color...Read More

Don’t Demonize The Landlord (NY)

COVID-19 has frustrated the restaurant industry causing many to close its doors and close prominent businesses and neighborhood staples. But who is to blame? There are a growing number of cases arguing whether parties can avoid their contractual obligation due to the pandemic. A recent Decision in Supreme Court, Kings County Commercial Division, made some ground in this argument when it...Read More

New Jersey Court Analyzes Coverage Dispute Regarding Underinsured Motorist Insurance (NJ)

On October 20, 2020, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s granting of summary judgment in favor of Penn National Insurance in Singh v. Chestnut. The court reaffirmed the trial court’s decision that the plain language of Penn National’s Insurance Contract did not offer coverage to Singh. On October 26, 2016, Satnam Singh was injured while working as an...Read More

Sheaf Happens: Spectator Loses Due To Assumption Of Risk At Sheaf Tossing Competition (NY)

The sheaf toss is a traditional Scottish agricultural sport event originally contested at country fairs. A pitchfork is used to hurl a burlap bag stuffed with straw over a horizontal bar above the competitor’s head. Three chances are given to each competitor to cleanly go over the bar, without touching it. After all challengers have made their attempts, the bar is raised and all...Read More

Lehigh County Judge Slams Insurer for Failure to Pay in Insurance Dispute (PA)

The Pennsylvania Court of Common Pleas in Lehigh County ordered an insurer to pay $900,000.00 in punitive damages for denying its insured’s claim in bad faith.  In David Unterberg and Heidi Unterberg v. Mercury Insurance Company of Florida, the plaintiffs filed a lawsuit alleging breach of contract and bad faith against their insurance company after their vehicle was stolen and damaged. The...Read More

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