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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

Pages

Volume 24, No. 2, June 2018

Offices: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation
Defense Digest, Vol. 24, No. 2, June 2018 By David J. Oberly, Esq.* Key Points: Ohio Supreme Court has “long recognized that Ohio public policy generally prohibits obtaining insurance to cover damages caused by intentional torts.” Because there..., On the heels of the Ohio Supreme Court’s significant decision in World Harvest Church v. Grange Mutual Insurance Company, the Sixth Circuit in Clifford v. Church Mutual Insurance Company held that victims of sexual abuse were not entitled to..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Orlando, Florida •
Practice Areas: Professional Liability Authors: Adam C. Herman
Defense Digest, Vol. 24, No. 2, June 2018 By Adam C. Herman, Esq.* Key Points: Carriers rarely challenge substituted service upon a defendant. Plaintiffs rarely satisfy the requirements for substituted service. Failure to satisfy substituted..., If you are defense counsel or a claims adjuster, you have likely been there. A client/insured is nowhere to be found. The Florida State Division of Corporations identifies the company as being administratively dissolved. The only reason the..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: Property Litigation
Defense Digest, Vol. 24, No. 2, June 2018 By Aaron D. Silvers, Esq.* Key Points: Insurance policies are to be construed liberally in favor of the insured and strictly against an insurer. A policy provision excluding damages that occur over a..., First-party property insurance claims in the state of Florida are on the rise once again due to the statewide impact from Hurricane Irma, which made landfall in September 2017. However, Hurricane Irma may be the least of insurance companies’..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Christopher W. Woodward
Defense Digest, Vol. 24, No. 2, June 2018 by Christopher W. Woodward, Esq.* Key Points: The PA Supreme Court clarified that the test for insurance bad faith pursuant to 42 Pa.C.S.A. § 8371 does not require proof of a motive of “self-interest or..., Nearly twenty years after implementation of Pennsylvania’s insurance bad faith statute, the Pennsylvania Supreme Court has finally settled the confusion that developed among the lower courts regarding exactly what constitutes the test for bad faith...,   Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Keith D. Heinold, Michael A. Salvati
Defense Digest, Vol. 24, No. 2, June 2018 By Michael A. Salvati, Esq.* and Keith D. Heinold, Esq.* Key Points: Very little has been settled in product liability law since the Pennsylvania Supreme Court’s landmark ruling in Tincher v. Omega Flex..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Automobile Liability Authors: Shannon C. Daniels
Defense Digest, Vol. 24, No. 2, June 2018 By Shannon C. Daniels, Esq.* Key Points The MVFRL does not intend to shift the risk to insurance companies to insure unidentified, unrelated individuals residing with the insured because the insured is...,   Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...

Volume 24, No. 1, March 2018

Offices: Orlando, Florida •
Practice Areas: Health Care Liability Authors: Chanel A. Mosley
Defense Digest, Vol. 24, No. 1, March 2018 By Chanel A. Mosley, Esq.* Key Points: Supreme Court of Florida renders decision regarding peer review records of health care facility or provider. The court’s opinion is death knell for work product..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Jacksonville, Florida •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Elizabeth B. Ferguson
Defense Digest, Vol. 24, No. 1, March 2018 By Elizabeth B. Ferguson, Esq.* Key Points: The Florida Supreme Court has ruled the Chapter 558 process is a “suit” under a CGL policy. The 558 process is considered a “suit” as it is a form of..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Lila Wynne
Defense Digest, Vol. 24, No. 1, March 2018 By Lila T. Wynne, Esq.* Key Points: New Jersey Appellate Division addresses appropriate trigger for coverage for progressive construction defect lawsuits. Court applies continuous trigger theory in..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability Authors: Brielle K. Winkler, Elyse N. Cohen
Defense Digest, Vol. 24, No. 1, March 2018 By Alex B. Norman, Esq., Brielle N. Kovalchek, Esq. and Elyse N. Cohen, Esq.* Key Points: Available defenses to snow and ice claims in Pennsylvania and New Jersey. Precautions and practice points to..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: General Liability Authors: Brielle K. Winkler, Elyse N. Cohen
Defense Digest, Vol. 24, No. 1, March 2018 By Alex B. Norman, Esq., Brielle N. Kovalchek, Esq. and Elyse N. Cohen, Esq.* Key Points: Available defenses to snow and ice claims in Pennsylvania and New Jersey. Precautions and practice points to..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Melanie J. Foreman
Defense Digest, Vol. 24, No. 1, March 2018 By Melanie J. Foreman, Esq.* Key Points: Claims for uninsured motorist claims are based in contract. The statute of limitations for an uninsured motorist claim under an insurance policy does not begin..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: General Liability Authors: Nicole F. Panico
Defense Digest, Vol. 24, No. 1, March 2018 By Nicole F. Panico, Esq.* Key Points: A proposal for settlement is a strategic litigation tool that can sometimes be difficult to enforce. In determining the enforceability of an offer of judgment,..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Automobile Liability Authors: David P. Czap
Defense Digest, Vol. 24, No. 1, March 2018 By David P. Czap, Esq.* Key Points: Selection of “limited tort” versus “full tort” in Pennsylvania auto policies. What constitutes a “serious injury?” Recent case law on issue of “serious injury..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: General Liability Authors: Alex K. Yoder
Defense Digest, Vol. 24, No. 1, March 2018 By Alex K. Yoder, Esq.* Key Points: Amendment of original pleading to change the name of a defendant is now permitted after the expiration of statute of limitations for “mistake.” Ninety-day relation..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Authors: Howard P. Dwoskin
Defense Digest, Vol. 24, No. 1, March 2018 By Howard P. Dwoskin, Esq., Member of the Executive Committee On December 31, 2017, Tom Brophy stepped down as President and CEO of Marshall Dennehey Warner Coleman & Goggin after a very successful 13-..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: New York, New York •
Practice Areas: General Liability Authors: Scott A. Ginsberg
Defense Digest, Vol. 24, No. 1, March 2018 By Scott A. Ginsberg, Esq.* Key Points: Amendment to New York no-fault regulations closes “billing loophole” for services rendered out of state. Amendment should reduce carriers’ arbitration and..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Authors: Christopher E. Dougherty
Defense Digest, Vol. 24, No. 1, March 2018 By Christopher E. Dougherty, Esq.* This is the second piece in a series discussing the positive culture of Marshall Dennehey Warner Coleman & Goggin. As I noted in the previous segment, I want to share..., Retirement Speech  By Gary Kaplan, Esq. Thank you, Howard [Howard Dwoskin]. First, I thank everyone for coming here this afternoon—especially those who have come down from Philly. In particular, Tom, Chris, Liz, Howard, Matt, Linda and Sandy. I’m..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest, Vol. 24, No. 1, March 2018 Casualty Department Harold Moroknek and Charles Gura (Westchester, NY) obtained a defense verdict in a jury trial on behalf of a school bus transportation provider in a motor vehicle/wrongful death case. ​..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 24, No. 1, March 2018 Audrey Copeland (King of Prussia, PA) obtained the Third Circuit’s affirmance of the order of the U.S. District Court for the Western District of Pennsylvania in favor of Marshall Dennehey’s client in an..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

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