News & Of Interest

PA Superior Court Finds That Employer Is Liable For Contribution Despite Not Being At Fault For Plaintiffs’ Injuries

In McLaughlin v. Nahata, et al., the Pennsylvania Superior Court found a hospital could seek indemnity or contribution toward a $17 million verdict rendered against it, from the employer of the doctors found liable for malpractice. Plaintiffs Alyssa McLaughlin and William McLaughlin sued two doctors over injuries Alyssa received while treating at The Washington Hospital (“TWH”). Plaintiffs...Read More

5th Circuit Rules that CGL Insurance Owes Coverage for Data Breach

On July 21, 2021, the Fifth Circuit, in Landry’s Inc. v. Ins. Co. of the State of Pa., issued a pivotal decision concerning coverage for a data breach under a commercial general liability policy. Significantly, the Fifth Circuit held a commercial general liability insurer was obligated to defend its insured in an action asserting breach of contract claims arising out of an alleged data breach....Read More

PA Supreme Deals Another Blow to Auto Insurers

Earlier this week the Pennsylvania Supreme Court issued an opinion responding to three separate questions certified by the Third Circuit of Appeals regarding the application of Pennsylvania’s Motor Vehicle Financial Responsibility Law. See Donovan v. State Farm Mut. Auto. Ins. Co., 17 EAP 2020 (Pa. Aug. 17, 2021). The certified questions included: (1) whether an insured’s signature on a waiver...Read More

Court Rejects GC’s Summary Judgment Motion on Additional Insured Issue (NY)

In Gemini Insurance Company v. Certain Underwriters at Lloyd’s, et al. New York County Supreme Court examined whether a general contractor was entitled to additional insured coverage from a plaintiff’s employer, who was a third-party defendant in the underlying personal injury action. Hernandez, an employee of Source, was injured while working at a jobsite.   Hernandez sued CM...Read More

Piercing the Veil of Religious Organizations (NY)

Tax-exempt religious organizations are known for keeping the details of their financial situation under tight wrap.  This can make certain situations difficult, particularly during litigation when those details might be relevant to the subject issue.  But what about in the context of a religious organization as an insured? How much information is enough, and how deep can an insurance company...Read More

New Connecticut Law Provides Tort Protections For Cyber-Savvy Businesses (CT)

On July 6, 2021, Connecticut Governor Ned Lamont signed into law a bill designed to incentivize Connecticut businesses to implement stronger cybersecurity practices to combat the rise in cyber and ransomware attacks. In doing so, the state becomes only one of three states, the others being Ohio and Utah, to adopt an incentive-based approach for businesses to improve cybersecurity best...Read More

Doesn’t Take Much to Get Decent Bucks for Aggravation (NY)

Oftentimes we see a plaintiff complaining that harm recently suffered caused exacerbation or aggravation of a prior existing, symptomatic or asymptomatic, condition. Questions relating to the impact of such claims on past and future pain and suffering are left to a jury to decide. Given the subjective nature of such damages, as accustomed, we look to precedent for guidance and enlightenment on...Read More

Google Images Insufficient In Attempt To Prevail On Liability (NY)

In Robinson v. Hess Retail Stores, LLC ,the Appellate Division, Second Department addressed the Supreme Court’s denial of plaintiff’s summary judgment motion on the issue of liability. Plaintiff alleged personal injuries when she tripped over a hole on the sidewalk abutting defendants’ premises. Plaintiff eventually moved for summary judgment contending the defendants were negligent in failing...Read More