News & Of Interest

Advertisements Do Not Necessarily Create Warranties (PA)

A Pennsylvania appellate court recently considered whether to reverse a dismissal entry in an alleged breach of contract and breach of warranty claim involving the sale of a used truck. See Kloniecke v. GT Motors, Inc., 2021 WL 276177, No. 806 MDA 2020 (Pa. Super. Ct. Jan. 27, 2021). Kloniecke’s Complaint alleged GT Motors “warranted that the vehicle was in a state of good repair and was safe...Read More

NY Dram Shop Act: An Update

In Heins v. Vanbourgondien, the minor plaintiff and her father brought a personal injury suit against several defendants as result of a motor vehicle accident on a Suffolk County road. This article focuses on the Court’s decision on the minor plaintiffs’ Dram Shop claim against two  7-11 stores. The 17-year-old plaintiff Abigail Heins was operating a vehicle owned by one of the co-defendants,...Read More

District of NJ Denies Insurer’s Attempt to Dismiss Claims for Sexual Abuse Coverage

In School Excess Liability Joint Ins. Fund v. Illinois Union Ins. Co., the United States District Court for the District of New Jersey recently considered whether the plaintiffs, School Excess Liability Joint Insurance Fund (“SEL”), Diploma Joint Insurance Fund (“Diploma”), and School Alliance Insurance Fund’s (“SAIF”) sufficiently pled that they have incurred losses that eroded their retained...Read More

Plaintiff Escapes Snare of Pennsylvania’s Choice of Ways Doctrine at Summary Judgment

In Snair v. Speedway LLC, the United States District Court for the Western District of Pennsylvania addressed whether the defendant was entitled to summary judgment on the issue of liability after the plaintiff slipped on a patch of snow and ice while refueling a delivery truck. Under the facts of the case, the plaintiff was refueling a delivery truck when he went to retrieve some paperwork...Read More

No Good Deed Goes Unpunished In A Snow Storm (NY)

The case of Edwin  Coreano v 983 Tenants Corp., 2021 NY Slip Op 00289 (2nd Dept. 2021) involves a slip and fall on a stairway during an ongoing snowstorm. After discovery was complete, the defendant building owner moved for summary judgment arguing that he should not be held liable under the “storm in progress” rule. The trial court denied the summary judgment and defendant appealed to the...Read More

Chip George Joins WCM’s Florida Office

WCM is pleased to announce that Chip George has joined WCM’s Miami, Florida Office.  Chip has been a friend of WCM’s for years and we are beyond excited that the timing has finally worked out for us to formally work together.  WCM’s Florida office focuses on coverage and coverage litigation. The office stands ready to assist in everything insurance law from cargo, jeweler’s block/specie to...Read More

UIM Coverage and Avoidance of Forum Selection Requirements? Court Holds That’s Too Much to Ask For Following an Invalid Waiver (PA)

In Matthews v. Erie Insurance Group, the plaintiff’s action arose following a motor vehicle accident. The plaintiff appealed from the trial court order sustaining Erie Insurance Group (“Erie”)’s preliminary objections to venue and transferring the case from Philadelphia County to Bucks County. The Superior Court affirmed the trial court’s decision. The Appellant, Matthews, was operating a...Read More

Watch Your Feet: Plaintiff Assumed Risk When Kicked In Head By Fellow Dancer (NY)

In Spruck v. Pollack and Academy of Dance Arts, plaintiff was allegedly injured while participating in a dance program run by defendants. During a rehearsal for a dance recital, plaintiff was participating in a choreographed dance when another dancer was spinning with her leg in the air and the other dancer’s foot came into contact with plaintiff’s head. Plaintiff continued with the...Read More