by Suzan CherichettiApril 8, 2021 Covid, Coverage, Insurance, Litigation, Of Interest, Pennsylvania0 comments
COVID-19 Business Interruption Insurance Coverage is Far from Settled in Pennsylvania
Needless to say, COVID-19 business interruption coverage has been a hot topic for insurers and policyholders alike. This past week, the Allegheny County Court of Common Pleas granted summary judgement in favor of policyholder plaintiffs and denied the defendant insurers’ motion for summary judgement in a class action lawsuit seeking coverage in Timothy Ungarean v. CNA et al. (further analysis...Read More 0
Late Notice of Tort Claim Approved? Not So Fast (NJ)
In New Jersey, a plaintiff sought to file a late notice of tort claim identifying a police officer that she claimed was responsible for her injuries. The plaintiff in Pagan v. Rivera sought help from the police department when she was threatened by a former boyfriend in violation of an Order of protection. Despite plaintiff’s concerns that the former boyfriend could be hiding in her apartment,...Read More 0
Piano Lawsuit Dismissed – Music to the Defense’s Ears (NJ)
What do you do when the very experienced piano movers that you hired are unable to move the piano on your property? In a recent New Jersey case, the defendants were faced with that dilemma after the plaintiff was unsuccessful at moving a piano down the home’s stairwell. In Barbato v. Gallagher, the defendant homeowners noted that the piano had been moved into the home by utilizing the back...Read More 0
Lack Of Maintenance Records Leads To Denial Of Summary Judgment (NY)
In Smith v Montefiore Medical Center, 2021 NY Slip Op 01872 (1st Dept. 2021), the First Dept. reviewed a denial by the lower court of a defendant’s motion for summary judgment. Plaintiff alleged that he slipped and fell on dirty ice in front of the emergency room at the Montefiore Hospital. The spot of the fall was covered by a canopy. Montefiore moved for summary judgment, noting that two of...Read More 0
Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses
In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More 0
Manufacturer’s Substantial Business Supports Finding of Specific Jurisdiction
On March 25, 2021, the U.S. Supreme Court issued its decisions in Ford Motor Co. v. Montana Eight Judicial District Court et al., and Ford Motor Co. v. Bandemer. By way of brief background, in both cases, the states exercised jurisdiction over Ford in products-liability actions stemming from auto accidents. In both cases, the Ford involved in the accident was brought to the state via the...Read More 0
Kings County Suit Dismissed During Jury Selection Due to Mask Protocols (NY)
Just yesterday in Kings County Supreme Court, a plaintiff’s attorney expressed an inability to proceed with jury selection, while masked, due to inability to breathe. Counsel asked for an adjournment of trial until June. Not only did the Court deny the request, but dismissed the lawsuit outright due to counsel’s inability to proceed. The transcript of the argument which lead...Read More 0
No Joy In Mudville: Plaintiff’s Case Strikes Out (NY)
In Chiaramonte v. Town of Smithtown, plaintiff was playing in a charity softball tournament sponsored by the defendants when she slipped on a muddy surface of one of the fields running from second to third base, allegedly injuring herself. The plaintiff subsequently commenced the instant action to recover damages for personal injuries against the defendants, alleging that they were negligent...Read More 0