Insurance Inspections May Be Seen and Heard in Florida
When Ryan and Andrea Gesten’s home suffered a plumbing leak, made a claim with their carrier American Strategic Insurance Company and hired a public adjuster. The public adjuster put ASI on notice he would video and audio record the inspection. ASI appeared as scheduled, objected to the audio recording and, after the insured insisted, the inspection was not completed. ASI brought a declaratory...Read More
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NY Court Takes a Closer Look at Cause in Labor Law Ladder Fall
On April 28, 2022 the Court of Appeals decided on two impactful Labor Law 2401(1) ladder fall cases. In Cutaia v. The Board of Managers of the 160/170 Varick Street Condominium, plaintiff was rerouting pipes near an electrical wiring by using an A-frame ladder. He leaned the ladder against the wall in the closed position due to the limitations of the space. While working on the ladder he was...Read More
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The Third Circuit’s Stance: Cell Phone Use While Driving & Punitive Damages (PA)
The U.S. District Court for the Eastern District of Pennsylvania recently refused to dismiss the punitive damages claims a plaintiff passenger asserted against a Greyhound bus driver and his employers. In Brown v. White, the plaintiff, Jasmine Brown was taking an overnight Greyhound bus from New York City to Pittsburgh in the early morning hours of August 1, 2020 when the defendant bus driver,...Read More
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NJ Appellate Division Continues National Trend Rejecting 6 Plaintiffs’ Claims for Business Income Loss as a Result of COVID Mandates
The national trend rejecting pandemic business income loss claims continues. In a consolidated appeal, on June 20, 2022, the New Jersey Appellate Division decided against six companies that sought insurance coverage for business income losses sustained after New Jersey Governor Murphy’s Executive Orders required them to limit or close their businesses in the early days of the COVID pandemic....Read More
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WCM Congratulates Nicole Brown on her 25th Anniversary
When Nicole Brown started at WCM as a Summer associate, the Summer of 1997 was just getting rolling. WCM, founded in 1994, was still just a toddler. We like to say on our website, “Results Speak for Themselves.” But at the time, we hardly had any results yet. To give some perspective, Tom Brady was still a sophomore at Michigan, Derek Jeter was halfway into his second season, and ER,...Read More
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US Supreme Court Ruling Lowers Bar For Arbitration Waivers (NY)
The Supreme Court of the United States recently ruled against an employer seeking to enforce an arbitration clause in the case of Morgan v. Sundance, Inc. Plaintiff Morgan worked at a Taco Bell franchise owned by defendant and signed an agreement to arbitrate any future employment disputes. However, she later filed a class action lawsuit against the defendant for alleged overtime violations....Read More
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Plaintiff Hurt In A Pickup Game Found To Have Assumed The Risk Of Injury (NY)
In Lungen v. Harbors Haverstraw Homeowners Assn., Inc., the New York Appellate Division, Second Department, addressed whether a plaintiff injured while playing in a basketball “pickup” game assumed the risk of his injuries. Plaintiff alleged to have fallen when he slipped on condensation on the floor of a gym. The defendants moved for summary judgment on the grounds that plaintiff had assumed...Read More
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No Summary Judgment in PA Fire Loss Case Where Insured Lived In Apartment But Had Regular Contact With Insured Residence
In Isenberg v. State Farm Fire & Cas. Co., the plaintiff insured filed a claim under her homeowner’s insurance policy after a house that she had purchased was destroyed by a fire. Plaintiff had been performing renovations at the house and, at the time of the fire, was living in an apartment with her children. Believing that plaintiff was not using the home as a residence under those...Read More
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