EDPA Upholds An Insurer’s Choice of (Maritime) Law Clause (PA)
After the recent kerfuffle in the Suez Canal, it seems as though ships running ashore and maritime law are becoming common topics of conversation. Most recently, the Eastern District of Pennsylvania addressed the impact of an insurer’s choice of law provision in an insurance contract in connection with an insured seeking coverage for damages following its ship running aground. Great Lakes...Read More 0
Something Borrowed (PA)
Continental Cas. Co. v. Pennsylvania Nat. Mut. Cas, involved a dispute between two (2) insurance carriers arising out of a motor vehicle accident and its subsequent settlement. Specifically, Continental Cas. Co. (Continental) commenced suit against Pennsylvania Nat. Mut. (Penn National) seeking reimbursement from Penn National, under an equitable contribution theory, for settlement sums paid...Read More 0
by Colleen HayesApril 15, 2021 Covid, COVID-19, Coverage, Insurance, Of Interest, Pennsylvania0 comments
Philadelphia Court Allows COVID Insurance Cases To Move Forward (PA)
A Philadelphia insurer has asked a Philadelphia County judge to stay several cases it is facing from preschool franchisees, which claim they were improperly denied coverage for pandemic-related losses suffered after being forced to shut down. The insurer, pointing to a pending appeal in the Superior Court, argued that the holding would “likely be substantially controlling with respect to...Read More 0
Discoverability of Litigation Funding Information (NY)
Coronado v. Veolia N. Am. Inc., No. 450319/2019 (NY Cty. Sup. Ct. Apr. 5, 2021) is a personal injury case, wherein Plaintiff alleges she was entering an Access-A-Ride when another vehicle collided with it, thereby causing her to fall and sustain injuries. Plaintiff brought suit against the driver of the colliding vehicle and other parties. The motion before the court involved a discovery...Read More 0
PA Superior Court Upholds Vacating Jury’s $2.9 Million Mistake
In The Estate of Carley Long v. Bethany Children’s Home, et al., the Pennsylvania Superior Court upheld a Philadelphia Court of Common Pleas’ grant of judgment notwithstanding the verdict, which vacated a Philadelphia County jury award of $2.9 million. Tragically, Carley Long escaped Bethany Children’s Home and was struck and killed by a train. Her father ultimately sued Bethany Children’s...Read More 0
by Suzan CherichettiApril 8, 2021 Civil Procedure, Venue, Coverage, Litigation, New York, Of Interest0 comments
Motion to Change Venue Denied Despite Being Unopposed (NY)
In Francoise Mervil v. Eric Johnson and Marcia St. Urbain, Judge Francois A. Rivera denied Defendants’ unopposed motion to transfer venue because the only evidence in support of the Defendants’ motion constructed of inadmissible hearsay. Plaintiff, Francoise Mervil (“Mervil”) commenced a personal injury action against the Defendants in Kings County Supreme Court, alleging Urbain was negligent...Read More 0
Lights Out On Lamp, Court Sheds Light On Service Of Process (PA)
In recent case, Gussom v. Teagle, the Pennsylvania Supreme Court revisited the issue whether a lawsuit should be dismissed due to Plaintiff’s lack of effort to complete service – regardless of Plaintiff’s intent. On July 25, 2016, Rasheena Gussom and Maurice Teagle were involved in a car accident. Two months before the statute of limitations expired, Gussom filed a civil complaint against...Read More 0
Superior Court Holds Fair Share Act Does Not Apply If Plaintiff is Not Found Liable (PA)
In Spencer v. Johnson, 2021 WL 1035175 (Pa. Super. Mar. 18, 2021), the Pennsylvania Superior Court issued an opinion with serious implications on the interpretation of the Fair Share Act. By way of background, Pennsylvania courts had previously long adhered to the doctrine barring recovery for contributory negligence, which held that if a plaintiff’s own negligence contributed even 1% to his...Read More 0