New Jersey Appellate Division (2019) This case involved an accident in which the plaintiff, an insured under a policy of insurance issued by the defendant, suffered the loss of an excavator into a river due to employee neglect and/or malfunction of the excavator. The insurance policy issued by the defendants to the plaintiff contained first… Read more “Diaco Construction Ins. vs. Ohio Security Insurance Co., 2019 WL 3521933”

New York Appellate Division (2019) In a case decided by the Appellate Division of the New York Supreme Court, the court upheld a summary judgment secured by this firm on behalf of U.S. Underwriters in a lawsuit brought by an insured following a fire which destroyed its multi-story building. Investigation after the loss disclosed that,… Read more “2900 Stillwell Avenue LLC v. U.S. Underwriters Insurance Co.”

The New Jersey Supreme Court has recently brought the State nearly in line with the federal courts and 39 other states which apply guidance for trial judges called upon to consider the admissibility of expert testimony. In In re: Accutane, the Supreme Court dismissed consolidated cases involving that product, and in doing so, took the… Read more “In re: Accutane, New Jersey Supreme Court (2018)”

United States District Court of the Eastern District of Pennsylvania (2019) On January 25, 2019, Gennet, Kallmann, Antin, Sweetman & Nichols, P.C. successfully obtained Summary Judgment on behalf of Aspen Specialty Insurance Company in the United States District Court for the Eastern District of Pennsylvania. The insured, KA Together, Inc., leased certain residential property in… Read more “KA Together Inc. v. Aspen Specialty Insurance Company”

United States District Court, District of New Jersey (2018) This was a case involving a typical “water” exclusion, though part of the exclusion, for water backing up from sewers or drains, was replaced by an endorsement granting coverage for backup of sewers or drains if not caused by flood. The insured, indeed, incurred a loss… Read more “Villamil v. Sentinel Insurance Company”

United States District Court, Eastern District New York (2018) This was a dispute over a Protective Safeguard Endorsement, requiring that the insured “maintain” heat of not less than 50 degrees in the building. Of course, certain pipes froze and the insurer invoked the Endorsement to deny coverage. The insured produced evidence from its property manager… Read more “Read Property Group LLC. v. Hamilton Insurance Co.”

This was an action by Liberty Mutual against its insured for breach of its subrogation receipt, wherein the insured agreed to subrogate all rights it may have against a third party. When the insurer tried to recover from the third party, the third party demonstrated that the insured had separately reached agreement with it, which… Read more “Liberty Mutual Insurance Co. v. Project Tri-Force LLC (2019)”

Rodriguez v. City of New York, 2018 N.Y. Slip. Op. 02287 (2018) An important New York Court of Appeals decision has a bearing upon plaintiffs seeking partial summary judgment in a comparative negligence case. Rodriguez upends the playing field and puts the burden back (rightfully) where it belongs.  The holding of the case is simply… Read more “Burden of Proof in Comparative Negligence SJ Motions”