NJ Court Finds That Endorsement Limiting Scope of “Coverage Territory” Governs
The interplay between various endorsements in a policy is not always clear. This is especially the case where multiple endorsements state they are “replacing” the same provisions. A New Jersey federal judge rejected an attempt by an insured to expand coverage beyond the scope of the policy’s plain terms. In so doing, the court reaffirmed that a policy endorsement’s restriction of coverage to a...Read More 0
by Colleen HayesFebruary 18, 2021 Civil Procedure, Constitutional, Of Interest, Pennsylvania0 comments
Pennsylvania Upholds Consent by Registration Personal Jurisdiction Statute
In Michael Data, et al. v. A.O. Smith Corporation, et al., the Western District of Pennsylvania recently upheld the constitutionality of the consent-by-registration statute of Pennsylvania, which requires any corporation or entity that registers to do business in Pennsylvania consent to personal jurisdiction in Pennsylvania such that the corporation can be “dragged” into Pennsylvania Courts....Read More 0
Saw You Slipping In The Lobby (It Wasn’t Me) (NY)
Kwan v. Confucius Plaza Tenants, et al, No. 154794/2015, 2021 WL 419041 (NY Cty. Sup. Ct. Feb. 5, 2021) is a personal injury case, wherein Plaintiff alleged damages after a slip-and-fall in the lobby of her residential premises, which was owned and managed by defendants. Kwan was decided on summary judgment in favor of defendants, who were able to prove: “It wasn’t me.” How? Surveillance...Read More 0
ALL BARK NO BITE-A Dangerous Dog Registry is Among the Bills to be Voted on by Nassau County Legislature Next Week (NY)
Legislator John Ferretti proposed a bill entitled, “Benny’s Law” to help protect people and pets within the community. The bill was inspired after the lawmaker’s 1-year old terrier, Benny, was attacked by a neighbor’s dog. Although the dog who attacked Benny is currently on probation, the Ferretti fears that since the dog was returned to its owners, other incidents between...Read More 0
by Suzan CherichettiFebruary 12, 2021 Bad Faith, Damages, Insurance, Litigation, Of Interest0 comments
No Bad Faith, No Consequential Damages! Florida Supreme Court Denies Insured’s Attempt To Recover Extra-Contractual Consequential Damages in a First-Party Property Claim
A recent decision from the Supreme Court of Florida punctuates well-established federal precedent that consequential damages in insurance disputes are not recoverable absent a separate action for bad faith. In Citizens Property Ins. Corp. v. Manor House LLC, et al, Manor House, owner of rental apartment buildings, filed an action against its property insurer for breach of contract and fraud...Read More 0
by Suzan CherichettiFebruary 12, 2021 Expert Witnesses, Damages, Litigation, Negligence, Of Interest, Pennsylvania0 comments
You’re No Expert! $6.3 Million Verdict Tossed Because Expert Testimony on Pain and Suffering had No Sufficient Basis (PA)
In Cowher et al. v. Kodali et al., the Pennsylvania Superior Court granted a retrial because of erroneously admitted expert testimony. Cowher, brought a wrongful death and survival medical malpractice claim against the doctor that failed to recognize her husband’s heart condition, which ultimately led to his fatal heart attack. Mr. Cowher went to see defendant Dr. Sobhan Kodali after he...Read More 0
by Suzan CherichettiFebruary 12, 2021 Litigation, Of Interest, Pennsylvania, Product Recall0 comments
Economic Loss Doctrine Does Not Bar Claims Under UTPCPL Where Those Claims Are Not Based on Contractual Duties Between the Parties (PA)
Pennsylvania’s economic loss doctrine bars suits for negligence that result solely in economic loss without any accompanying personal injury or property damage. In Dukich v. IKEA US Retail LLC, the Eastern District of Pennsylvania clarified that the economic loss doctrine does not preclude claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) and a theory of...Read More 0
by Suzan CherichettiFebruary 12, 2021 Auto, Insurance, Litigation, New Jersey, Of Interest0 comments
Read it and Weep: Plaintiff’s Case Against Insurer Dismissed for Failure to Understand the Insurance Policy (NJ)
In Giselle Polizzi v. Liberty Mutual Fire Insurance Company, the United States District Court for the District of New Jersey case gave a lesson in policy interpretation following a dispute over an automobile policy. In this case, Giselle Polizzi (“Polizzi”) was injured in a car accident with an underinsured motorist while borrowing her parents’ vehicle. Due to language in an endorsement within...Read More 0