NFL TBI Settlement Presages Likely Increase in TBI Claims
In 2019, the National Football League reached a $1 billion settlement concerning brain injury claims, specifically with respect to allegations concerning chronic traumatic encephalopathy (“CTE”). However, the National Football League is not the only entity who has dealt with traumatic brain injury litigation recently. For instance, the U.S. Olympic and Paralympic Committee is currently a named...Read More
0
D&O Policy Language Mandates Advance Of Limits For Criminal Defense Case (PA)
In the insurance coverage case, Dougherty v. Nat39, l Union Fire Ins. Co. of Pittsburgh PA., plaintiff petitioned for a special injunction seeking an advance to cover his criminal defense costs and expenses under a policy issued by defendant to the International Brotherhood of Electrical Workers, Local 98 (“Local 98”). Relevant here, Dougherty was indicted for alleged financial improprieties...Read More
0
“Other Insurance” Provision Allows Insurer To Cap Limits (PA)
In Meyers v. Travelers Insurance Company, 2022 WL 1028705 (E.D. Pa. 2022), the plaintiff sued one of her auto liability insurers for extensive damages sustained in an automobile accident. This common occurrence led to a rather uncommon insurance coverage issue. The plaintiff recovered funds from her own primary auto insurance, plus two additional uninsured motorist (“UIM”) insurance policies....Read More
0
Vicarious Liability Found In A Motorcycle Accident By Off-Duty Cop (NY)
In Llorente v. Wnorowski, 2022 NY Slip Op 02258 (2d Dept. 2022), the plaintiff was riding a motorcycle on the Grand Central Parkway when it collided with another motorcycle operated by the defendant Wnorowski, an off-duty police officer at the time, who was riding with other off-duty police officers on motorcycles. The plaintiff commenced a personal injury action against him and against his...Read More
0
PA Appellate Court Finds that You’re “At Work” While on Your Commute
In Bark v. Sooner Steel LLC, the Pennsylvania Commonwealth Court held that a worker was acting within the course and scope of his employment while commuting home from work. The court emphasized that whether someone is acting within the course and scope of his or her employment is a fact specific inquiry. In Bark, the claimant suffered severe injuries in a motor vehicle accident that occurred...Read More
0
All Risk Insurance Policy Does Not Cover Restaurant From Covid Loss (PA)
In a recent case from the Eastern District of PA, Humans & Res., LLC v. Firstline Nat’l Ins Co., the court granted the defendant’s summary judgment against the plaintiff who sought coverage under an all-risk property policy. Finding that COVID-19 related loss did not fall under an all-risk property policy and did not give rise to the expectation that it would. The plaintiff in the case...Read More
0
An Obligation To Procure Commercial General Liability Insurance Is Not Waived Unless Waiver Is Clear, Unequivocal And Deliberate (NY)
Where a party has a contractual obligation to procure a certain amount of commercial general liability insurance coverage, does the acceptance of a certificate of insurance constitute as a waiver of the insurance procurement provision if the party failed to procure the agreed-upon amount of coverage? According to the Appellate Division, First Department, the answer is no. In Benedetto v. Hyatt...Read More
0
Philip Pizzuto Joins WCM as Partner in New York & New Jersey Offices
WCM is pleased to announce that Philip Pizzuto has joined us as a partner. Phil is a trial lawyer with nearly 25 years of experience representing insureds, corporations, municipalities and individuals in the New York metro area. He has tried numerous cases to verdict in the New York, New Jersey, and Federal courts in a variety of cases including employment, general liability, toxic torts,...Read More
0