Faulty Plumbing Work Leads New York Courts to Clarify the Ensuing Loss Exception
Plaintiff’s house was covered by an all-risk homeowner’s insurance policy issued by defendant. During renovations of the house, a leak occurred. Plaintiff reported the loss, and an engineer retained by defendant concluded that the leak was caused due to the plumbers using the wrong adhesion material for a water-pipe connection. The connection failed, which caused the flood. Defendant...Read More
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How Clear Does Your Policy Exclusion Need To Be In The AI Age?
In most jurisdictions, courts interpret policy language in favor of the insured, especially when it comes to ambiguous exclusions. With the rise of the Artificial Intelligence and its implication towards data privacy, insurance companies are facing potentially large claims from class action suits. In 2022, the Illinois Eastern Division District Court heard a coverage case arising from AI...Read More
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Finding Of Incompetence Does Not Warrant Termination Of Custodian Under New York Civil Service Law Section 75 (NY)
New York Civil Service Law section 75 governs discipline for certain classes of public employees. Section 75 provides, in relevant part, that a covered person shall not be removed or subject to any disciplinary penalty except for incompetency or misconduct. The section does not specifically define the term incompetence, but arbitration decisions and case law have established the burden of...Read More
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Can A Doormat In Front Of A Home Give Rise To Premises Liability? (NY)
Under New York law, a homeowner has a duty to maintain his or her property in a reasonably safe condition and there is no duty to warn of or protect against conditions that are not inherently dangerous and are “open and obvious.” Courts address the issue of liability on a case-by-case basis and have generally taken a reasonable approach in cases involving open and obvious household items....Read More
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Sudden And Unexpected Circumstances In Motor Vehicle Accident Alleviates Defendant’s Liability (NY)
New York courts recognize the emergency doctrine as a defense to certain New York tort actions, depending on the circumstances. The doctrine holds that where a driver is faced with a sudden and unexpected circumstance, not of their own doing, leaving them with little or no time for reflection and forcing them to make a quick decision without waiving alternatives, the driver’s actions may not...Read More
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Inconsistent Evidence Not Sufficient For New York’s “Storm in Progress” Rule (NY)
New York’s “storm in progress” rule protects a property owner from liability for accidents occurring “as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards caused by the storm.” However, the burden and quality of proof is important, and a...Read More
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Dell Computers And Commercial Tenant Escape Liability In Subrogation Claim Stemming From Power Cord Failure (NY)
In Erie Ins. Co. v .Children’s Palace Childcare Ctr., Inc., a New York trail court awarded summary judgment to Dell Computers, Inc. (“Dell”) and Children’s Palace Childcare Center, Inc. (“Children’s Palace”), in a subrogation action brought against them by Erie Insurance Company (“Erie”). Erie insured several businesses that sustained property damage from a fire, paid their property...Read More
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Failure to Confirm Judgment Leads to Defense Victory (NY)
When a plaintiff obtains a default judgment against a defendant, sometimes the fight is far from over. While the discretion ultimately remains with the court, a default judgment may be vacated against a defendant, or an inquest will be held if the motion to vacate is denied. However, even after an inquest is held and damages are determined, a plaintiff must submit a notice of settlement and...Read More
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