Call Your Next Witness – Aisling Jumper of Trans Re
Aisling Jumper had a “typical” introduction into the insurance world — by working at a call center in County Galway, Ireland, speaking Spanish to international travelers on holiday. You know — “typical.” Aisling ended up going to law school, and has been involved in the insurance world ever since, whether at a law firm, with a third-party administrator,...Read More
0
New Jersey Appellate Division Permits a Driver and Employer’s Determination of Improper Actions as Admissible Evidence
In Hassan v. Williams, the Appellate Division of the Superior Court of New Jersey found that a trial court improperly excluded multiple documents, including the determination letter written by an employer that its driver acted improperly, as well as the letter written by that driver about his own conduct. At the trial level, these documents were excluded as the Court held they went to the...Read More
0
by Suzan CherichettiJune 3, 2021 Covid, Coverage, Insurance, Litigation, Of Interest, Pennsylvania0 comments
Pennsylvania Court Further Dilutes the Legal Landscape on Business Insurance Coverage During Covid-19
In MacMiles LLC v. Erie Insurance Exchange, the Allegheny Court of Common Pleas granted partial summary judgment in favor of plaintiff, a Pittsburgh tavern, holding it suffered “physical loss” because of the COVID-19 pandemic, and therefore entitled to reimbursement by its insurer. Erie issued MacMiles (d/b/a Grant Street Tavern) an insurance policy providing coverage for any direct “physical...Read More
0
Bad Weather Is Insufficient To Establish Actual Or Constructive Notice (NY)
On January 3, 2019, Plaintiff slipped and fell while shopping at Defendant Von Muar’s retail store located in Eastview, New York. Approximately four months later, Plaintiff filed suit alleging that she was injured due to Defendant’s negligence in causing, creating, or permitting a dangerous condition within its premises. After discovery was completed, Defendant filed a motion for summary...Read More
0
Call Your Next Witness – Shari Belitz on Litigation Consultation
On episode 6 of Call Your Next Witness, the Wade Clark Mulcahy LLP podcast, Brian Gibbons & Georgia Coats interview litigation consultant, author, attorney, Yankee fan (nobody’s perfect!) and absolute force of nature Shari E. Belitz, Esq. As risk managers all know, knowledge is power — Shari and her team offer unique knowledge and foresight to risk managers looking to prepare...Read More
0
Insurance Coverage Granted for Restaurant’s Loss of Business Income Caused by COVID-19
By way of brief background, in response to the spread of COVID-19, the Pennsylvania Governor issued mandates and orders that required all non-life sustaining businesses in Pennsylvania to cease operations and close physical locations, and citizens to stay at home. Due to these mandates and the spread of COVID-19, the plaintiff, Macmiles, LLC D/B/A Grant Street Tavern (“MacMiles”), suspended...Read More
0
New York Court of Appeals Expands the Term “Immediate Family”
On February 18, 2021, the New York Court of Appeals expanded the term “immediate family” to include grandparents in claims for negligent infliction of emotional distress (NIED). The decision is the result of a heart-wrenching case involving the death of a 2-year old child. In Greene v. Esplanade Venture Partnership, 2021 WL 623832 (2021), the child and her grandmother were struck by pieces of...Read More
0
No Notice Means No Recovery in NY
In Barreto v. 750 Third Owner, LLC, 2021 NY Slip Op 02868 (1st Dept. 2021), the plaintiff slipped and fell in a commercial building’s lobby due to rainwater. Defendants argued that they had no constructive or actual notice of the defect on the floor because a record search did not show any complaints about water on the lobby floor prior to the accident. The defense further argued that a...Read More
0