News & Of Interest

It’s Time For Investors To Pay Up (NY)

When a new condominium building in New York City is found to have construction defects, who pays? In 2013, New York courts ruled that condominium boards could only seek compensation from investors if the board could prove a fiduciary relationship existed between the board and the investors. This ruling made it almost impossible for boards to recoup compensation for construction defects because...Read More

Staircase Not Defective Using Ancient Codes (NY)

In Jackson v. Bethel A.M.E, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after the plaintiff allegedly fell while descending an exterior staircase owned by defendants Bethel A.M.E and African American Methodist Episcopal Church (“Bethel Defendants”). Bethel defendants retained co-defendant...Read More

No Coverage For Vehicle Driven By Employee But Not Possessed By Employee (PA)

The Eastern District of Pennsylvania recently determined that an insurance company had no duty to contribute to a settlement over a car accident involving its insured’s employee while the employee was driving a noncompany vehicle.  In Continental Casualty Company v. Pennsylvania National Mutual Casualty Insurance Company, the court determined that there was no coverage as the employee did not...Read More

Philadelphia Partners Win Summary Judgement in the EDPA In Construction Defect Coverage Case (PA)

In Estate Chimney & Fireplace, LLC v. Burlington Insurance Company, Philadelphia Partners, Robert J. Cosgrove and Colleen E. Hayes were awarded summary judgement. By way of background, the Insured had commenced a declaratory judgment action, in the EDPA, seeking defense and indemnification from The Burlington Ins. Co. for underlying lawsuits stemming from its allegedly defective work in...Read More

Another Covid-19 Victory for Insurers, This Time in New Jersey (NJ)

In a short, terse opinion, a federal judge in New Jersey ruled this week that owners of Wendy’s, T.G.I. Friday’s, Marriott, and Hilton franchises cannot recover for losses caused by Covid-19-related shutdowns. The decision adds to the growing amount of case law on this issue which has significantly favored insurers over policyholders. In Manhattan Partners, LLC v. American Guarantee &...Read More

No Vacancy: Structures on Property Can Disqualify Coverage (PA)

In a recent Western District of Pennsylvania case, Morton v. Gardner, the court addressed what constituted vacant land under the insurance policy at issue. By way of background, after a dead tree on the defendant’s property fell onto the plaintiff’s vehicle, an issue arose as to whether the defendant’s insurer was required to pay for the damage. At the time of the incident, the property was...Read More

COVID-19 Illness is a Reasonable Excuse for Default (NY)

Solomon v. Gun Hill Assoc Trust, No. 24150, 2021 WL 923114 (Bronx Cty. Sup. Ct. Feb. 26, 2021) is a personal injury case, wherein Plaintiff alleged damages after a trip-and-fall in a driveway leading to a parking lot jointly used by several businesses. Defendant Dunkin’ Donuts Franchising, LLC (“Dunkin”) previously moved for summary judgment on the grounds that – by virtue of its franchise...Read More

Pennsylvania Supreme Court Upends Consumer Protection Laws, Now Sharply Favoring Plaintiffs (PA)

The Pennsylvania Supreme Court recently overturned decades of established law in the consumer protection area, resulting in increased exposure to defendants in consumer transactions. The 4-3 decision in Gregg v. Ameriprise Financial, Inc. overturned decades of precedent which formerly required a plaintiff to show the state of mind of the actor with respect to a false or misleading...Read More