News & Of Interest

Burden On Defense In Multi-Accident Injuries To Prove Separate Causation (NJ)

In a recent case in the New Jersey Appellate Division, the court held that when there are claims stemming from multiple car accidents, the burden is on the defense to prove that the resulting injuries were not caused solely by the accident in which they are the defendant, rather they must demonstrate that there are multiple different causes for the injuries. In 2015, the Plaintiff was involved...Read More

Seventh Circuit Affirms Summary Judgment For Employer And Benefit Plan Under ERISA

In Canter v. AT&T Umbrella Benefit Plan, plaintiff, a premises technician, applied for and received short-term disability benefits under his employer’s umbrella benefit plan. He provided the plan administrator the requisite “objective medical evidence” in support of his disability claim after he experienced migraines and dizziness, making him unable to claim tall ladders.  The plan...Read More

PA Senate Bill 1222: Peer-to-Peer Carsharing And Insurance Implications

A new law was introduced in the House Appropriations Committee as an amendment to Senate Bill 1222 and officially became law on July 11th. The amendment outlines the coverage requirements for companies engaging in peer-to-peer carsharing, mandating an additional layer of insurance so injured third parties won’t be left uninsured if a car owner’s policy includes exceptions for livery, or...Read More

Plaintiff Is Not Entitled To 24-hour Security Camera Footage (PA)

The E.D.P.A in Dietzel v. Costco Wholesale ruled that plaintiff Dietzel was not entitled to the defendant’s Costco Wholesale’s security camera footage, unless the footage actually captured Dietzel’s accident. This case was centered on Dietzel’s trip and fall that occurred as he tried to enter a Costco location in North Wales, Pennsylvania. During discovery, Costco claimed that the alleged fall...Read More

No Duty to Defend: Insurer Need Not Defend Insured Against Unjust Enrichment Claim (NY)

The Southern District of New York reaffirmed that New York liability insurance policies that provide coverage for bodily injury and property damage of the insured against a third-party generally do not afford coverage to the insured against unjust enrichment claims. In Godfrey v. Executive Risk Indemnity Inc., the Court rejected Plaintiffs’ motion for a declaratory judgment that would require...Read More

NJ Superior Court Holds Virus Exclusion Applies And Mandated Business Closure Does Not Constitute Physical Loss

The Superior Court of New Jersey, Appellate Division recently dealt with a plaintiff’s coverage claim for business interruption cause by the COVID-19 pandemic and Governor Philip D. Murphy’s Executive Order 107(EO 107). EO 107 was a mandate which cancelled large gatherings of individuals, required the closure of “the brick-and-mortar premises of all nonessential retail business,” and mandated...Read More

Peer-to-Peer Carsharing and Insurance Implications (PA)

A new law was introduced in the House Appropriations Committee as an amendment to Senate Bill 1222 and officially became law on July 11th. The amendment outlines the coverage requirements for companies engaging in peer-to-peer carsharing, mandating an additional layer of insurance so injured third parties won’t be left uninsured if a car owner’s policy includes exceptions for livery, or...Read More

NJ Court Upholds Virus Exclusion

The Superior Court of New Jersey, Appellate Division recently dealt with a plaintiff’s coverage claim for business interruption cause by the COVID-19 pandemic and Governor Philip D. Murphy’s Executive Order 107(EO 107). EO 107 was a mandate which cancelled large gatherings of individuals, required the closure of “the brick-and-mortar premises of all nonessential retail business,” and mandated...Read More