Gaming the System: Statutory Claims Under New Jersey’s Expansive Consumer Fraud Act Must Be Arbitrated
Last week, the Federal District Court in New Jersey further reinforced the arbitrability of claims involving the statutory rights of plaintiffs. In Ackies v. Scopely, Inc., 2022 WL 21451 (D.N.J. 2022), a class action complaint was brought against Scopely, Inc., a company that developed an online video game called Star Trek Fleet Command (“STFC”) available for download on Android and Apple...Read More
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Florida Appellate Court Approves Of Insurer’s Right-to-Repair In Lieu Of Payment Clause
People’s Trust Insurance Company takes an unorthodox approach to homeowner’s insurance, “In return for a premium discount, the policy contain a Preferred Contractor Endorsement” which gives “People’s Trust a right-to-repair option, i.e., after inspecting a covered loss, People’s Trust ha the option to select its own contractor to repair the damages to the insureds’ property...Read More
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Additional Insured Coverage Analyzed in PA
Earlier this week, on January 31, 2022, in Cincinnati Insurance Company v. Colony Insurance Company, the U.S. District Court for the Eastern District of Pennsylvania analyzed whether a general contractor constituted an additional insured on its subcontractor’s insurance policy. By way of brief background, Cincinnati Insurance Company (“Cincinnati”) commenced a declaratory judgment action...Read More
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Yet Another Business Denied Coverage for Losses Related to Covid-19
In Big Red Management Corporation v. Zurich American Insurance Company, the Court granted insurance company Zurich’s motion to dismiss, concluding yet again that many insurance policies do not cover losses associated with Covid-19 and mandated closures. Big Red Management Corporation (“Big Red”) manages roughly a dozen restaurants in the Philadelphia region. All Big Red’s restaurants were...Read More
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Does New York’s “Storm in Progress” Rule Apply To Concealed Hazards?
In New York, when a plaintiff is injured due to a slip and fall on snow and ice, a landowner’s duty to take reasonable measures to remedy a dangerous condition caused by a storm is suspended while the storm is ongoing until a reasonable time after the storm has ended. It is also well settled that the New York City Administrative Code Section 7-210 imposes tort liability on property owners who...Read More
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Recent Lawsuit Raises Novel Legal Issues Involving Fashion Oriented NFTs
Counterfeit handbags have plagued the fashion industry for decades. Now, top fashion brands face novel intellectual property threats with the rise of virtual fashion items. On January 14, 2022, Hermès International and Hermès Paris, Inc. filed suit against artist Mason Rothschild for his creation and sale of “METABIRKINS” as non-fungible tokens (NFTs). According to the complaint, “Defendant’s...Read More
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Pennsylvania Federal Court Rejects An Insured’s Tactical Delay In Moving To Amend A Declaratory Judgment Complaint
In Giant Eagle, Inc. v. Am. Guarantee & Liab. Ins. Co., the Western District of Pennsylvania addressed whether the plaintiffs in an insurance declaratory judgment action would be permitted to seek leave to amend their complaint where they intentionally delayed seeking such relief for tactical reasons. Plaintiffs Giant Eagle, Inc. (“Giant Eagle”), a supermarket chain, and HBC Service...Read More
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Court Follows Trend Of Rejecting COVID-19 Business Loss Claims In The Absence Of Physical Loss Or Damage (NY)
A trial court recently continued the trend of New York courts finding no coverage for business loss claims due to the COVID-19 pandemic. In Benny’s Famous Pizza Plus v. Sec. Nat’l Ins. Co., 2021 N.Y. Misc. LEXIS 3843 (Supt. Ct., July 2, 2021), a restaurant sought coverage for property damage, specifically loss of business income and extra expenses, due to government ordered closures caused by...Read More
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