Trivial Defect Defense Prevails In New York Trip And Fall Case
In Dingman v. Linchris Hotel Corp., the Second Department recently addressed whether the condition that caused a fall down accident was too “trivial” for the defendant to be held liable. Plaintiff in that case alleged that she sustained personal injuries when she fell in the lobby of a hotel due to a quarter inch difference in elevation between tile and subfloor. The general contractor who was...Read More
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Call Your Next Witness – Brandi Percy of Markel
Unlike some of our other guests, who went to law school and then found themselves in the insurance industry, Brandi Percy got her start working as a claim representative in insurance, and THEN went to law school. Her career has taken her through various in-house positions, both in insurance and in the corporate world. We had a great time discussing how her career has progressed, some...Read More
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Ambiguous Additional Insurance Provision Results In Denial Of Summary Judgment All Around (NY)
In Corter-Longwell v. Juliano, the New York Appellate Division evaluated a common commercial contract provision, in which a transportation company was responsible for naming its contract partner, a landfill operator, as an additional insured. The dispute arose as the contract was imprecise regarding this responsibility, and the parties disputed whether a subsidiary of the landfill operator was...Read More
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Pennsylvania Amendment Snaps Back At Snap Removal
On January 18, 2022, the Pennsylvania Supreme Court formally amended the Pennsylvania Rules of Civil Procedure clarifying that original service of process is satisfied per Rule 400(b) by a sheriff or competent adult in cases of state to federal court and permitting pre-service or “snap” removal pursuant to 28 U.S.C. § 1441. This change was initiated when the Pennsylvania legislature heeded the...Read More
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What’s in a Named Insured? (NY)
In a terse but interesting decision, the New York Supreme Court, Appellate Division, First Department, reversed the Supreme Court’s grant of Mt. Hawley Insurance Company’s motion to dismiss in CastlePoint Natl. Ins. Co. v. Mt. Hawley Ins. Co., based on the cross liability exclusion of Mt. Hawley’s policies. The sole issue on appeal was whether Mt. Hawley correctly disclaimed coverage on a...Read More
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New Jersey Passes Insurance Fair Conduct Act (NJ)
On January 18, 2022, Governor Phil Murphy signed into law the New Jersey Insurance Fair Conduct Act. The Act establishes a private cause of action for first-party claimants against a UIM insurer for “unreasonably” denying or delaying claims. It also allows a claimant to sue the insurer if the insurer violates any provision of New Jersey’s Unfair Claims Settlement Practices Act which governs...Read More
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by Robert J. CosgroveJanuary 20, 2022 Automobile, Bad Faith, Insurance, New Jersey, New York0 comments
The End Is Near. Statutory Bad Faith Begins in NJ
Well, it finally happened. After a few years of debates and a not insignificant amount of plaintiff lobbying, this week, Governor Murphy signed into law the New Jersey Insurance Fair Conduct Act. The law creates statutory bad faith in NJ. Fortunately (although this is likely the canary in the coal mine), the law ONLY applies to parties injured in a motor vehicle accident who are entitled to...Read More
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To Avoid Further Litigation On “Settled” Matters, It Is Essential That A Settlement Agreement Does Not Leave Loose Ends
Settlement agreements typically signify the end of a legal dispute. However, to avoid a headache and potential for further litigation on “settled” matters, it is essential that the settlement agreement does not leave any loose ends. In Cincinnati Insurance Company v. Acadia Insurance Company, 2021 WL 6071718 (4th Dep’t 2021), a woman fell on property owned by 60 LBC, insured by Plaintiff...Read More
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